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974.2 
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1872-88 
1770805 



REYNOLDS HISTORICAL 
GENEALOGY COLLECTION 



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ALLEN COUNTY PUBLIC LIBRARY 



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NEW HAMPSHIRE 






HISTORICAL SOCIETY. 



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New Hampshire historical society, Concord. ^ 
^Proceedings, v. 1-5; ^ 187'2-SS- 12C5-1°> 

Concord, The Society t 1874 r l9 17* 

5v. ports. 24™. 
Vol. 1, Pt. 2, includes the Report of the committee in defence of 
General John Sullivan". d th t thoy form the 

however, v. does not include these parts. 
List of members in V. 1-2. 



1. New Hampshire— Hist.— Societies. 



Library of Congress 
— — 2d set. 



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CONCORD : 

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PROCEEDINGS 



NEW HAMPSHIRE 



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HISTORICAL SOCIETY, 



1 87 2-;3 ; 



INCLUDING THP. 



SEMI-CENTENNIAL EXERCISES 




MAY 22, 1873. 



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1 



To the Members of the Society. 



This pamphlet is part four, and concludes volume one of the 
Proceedings of the New Hampshire Historical Society. V 

In binding the volume the title pages to the several parts and 
the duplicate pages, 99 to 104, inclusive, should be omitted. 

Charles H. Bell, 
Isaac W. Hammond, 
Albert S. Batchelor, 
Concord, June 21, 1888. 



Publishing 
Committee. 



LRA C. EVANS, PRINTER. 



104793 



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f. 



NEW HAMPSHIRE 

isi orical Society. 



i 3 



The New Hampshire Historical Society was formed at 
Portsmouth, May 20, 1823. The number of original members 
was thirty-one. It was incorporated by an act of the legisla- 
ture, June 13, 1823; and the first meeting under this act was 
held in the council chamber, at the state house in Concord, on 
the same day, when the following constitution was adopted. 
The by-laws were reported at a meeting held at Exeter, Sep- 
tember 17, the same year, and unanimously adopted. 



CONSTITUTION. 



1. The object of the New Hampshire Historical Society shall 
be to discover, procure, and preserve whatever may relate to 
the natural, civil, literary, and ecclesiastical history of the 
United States in general, and of this state in particular. 

2. The society shall consist of resident and honorary mem- 
bers, the former to be persons residing in the state of New 
Hampshire ; the latter, persons residing elsewhere. 

3. The election of members shall be by ballot, at the annual 
meetings. No member shall hereafter be elected by less than 
six votes ; and, in all cases, the votes of two thirds of the 
members present shall be necessary to a choice. 

VOL. IX. 2 



4 NEW HAMPSHIRE HISTORICAL SOCIETY. 

4. Each member (honorary members excepted, with whom 
it shall be optional) shall pay, before the annual meeting next 
following his election, the sum of five dollars. The society 
may assess taxes, at the annual meetings, on each resident 
member, not exceeding three dollars in one year. Any person 
neglecting to pay the aforesaid sum of five dollars, or any tax, 
for the term of two years, shall cease to be a member. 

5. The annual meeting of the society shall be holden at Con- 
cord, on the second Wednesday in June. Other meetings may 
be held at such times and places as the society may from time 
to time direct. It shall be the duty of the president, and in his 
absence, of one of the vice-presidents, upon the application of 
three members, to call a special meeting of the society, of 
which notice shall be given in a newspaper printed in Concord, 
and another printed in Portsmouth, at least fifteen days before 
the meeting. 

6. The officers of the society, — to be elected at the annual 
meeting, and by ballot or otherwise, — shall be a President, 
two Vice-Presidents, a Treasurer, a Recording Secretary, a 
Corresponding Secretary, and a Librarian, who shall hold 
their offices for the term of one year, and until others are 
elected in their places ; provided, that the first election of 
officers under this constitution shall be made at such time and 
place as the society may direct. 

7. The constitution may be amended at any annual meeting, 
as the society shall deem proper, by the votes of two thirds of 
the members present ; provided notice of the proposed amend- 
ment shall be given in writing, and entered on the journal at 
the preceding annual meeting. 



M x*&MlhmtL*,'*~»^ ~ „^^<^uo4wufa^ 



BY-LAWS. 



ARTICLE I. 

Section i. At every annual meeting there shall be elected, 
by ballot or otherwise, a Standing Committee, a Committee on 
the Library, a Publishing Committee, and a Committee to settle 
with the Treasurer, w T ho shall make a report of their doings at 
the next annual meeting, or as often as the society shall direct. 
These, and all other reports, shall be written on letter paper, 
with margins of one inch on each side, and shall be deposited 
in the archives of the society ; and, if the society shall deem 
necessary, they may, at any annual meeting, appoint other com- 
mittees, and designate the duties to be performed by them. In 
addition to the annual meetings, quarterly meetings of the soci- 
ety shall be holden in Concord on the third Wednesdays of 
September, December, and March ; and notice of the same 
shall be given in one or more of the Concord newspapers, by 
the recording secretary. 

Sec. 2. When less than six members are present at any meet- 
ing, the consent of two thirds shall be necessary to pass any 
vote, except to adjourn. 

Sec. 3. At the request of any three members present, any 
motion shall be deferred to another meeting for further consid- 
eration before it is finally determined, and shall then be taken 
up. 

Sec. 4. The president, when present, shall preside in the 
meeting ; when he is absent, one of the vice-presidents, — but 
in their absence, the society shall elect a president pro tempore, 
who shall then preside. 
. Sec. 5. The librarian shall be keeper of the museum. 

Sec. 6. No alteration or addition to the by-laws shall be 
made, unless there are eight members present, and two thirds 
of those present vote in favor of the same. 



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6 NEW HAMPSHIRE HISTORICAL SOCIETY*. 

ARTICLE IL 

LIBRARY AND MUSEUM. 

Section I. The committee on the library shall direct the 
duties of the librarian, fix the times of opening the library, 
direct the arrangement of books, decide as to sales, exchanges. 
and binding of books and pamphlets, fix the price of our col- 
lections and the Provincial Records, and determine whether and 
on what terms books shall be taken from the library. 

Sec. 2. All books and manuscripts which shall be presented 
to the library, and every curiosity presented to the museum, 
when accepted by the society, shall be acknowledged by letter 
signed by the librarian and president. 

Sec. 3. Every present received shall be recorded, and an ac- 
count of it-rendered to the next meeting of the societv. 

Sec. 4. All pamphlets shall be bound or kept in cases, except 
duplicates, which shall be kept by themselves, and triplicates 
shall be exchanged ; and no work not a duplicate shall be sold 
or exchanged out of the library, and no duplicate, except by 
consent and direction of the committee on the library*. 

Sec. 5. All manuscripts shall be distinctly marked and num- 
bered, and kept in cases of paper, which shall also be numbered, 
and the contents of each registered. 

Sec. 6. A printed ticket shall be pasted on the inside of the 
cover of each book, signifying that it is the property of the so- 
ciety, and also the name of the donor, if it be a present. 

Sec. 7. No book, pamphlet, map, manuscript, newspaper, or 
other article shall be taken from the library or museum without 
the written order of a majority of the committee on the library, 
or by the publishing committee, for use in performing their 
duties. 

ARTICLE III. 

LIBRARIAN. 

Section i. The librarian and keeper of the museum shall 
annually give such security to the society as the standing com- 
mittee shall require, for the faithful performance of his trust, 
the security to be deposited with the recording secretary. 



BY-LAWS. 7 

Sec. 2. He shall receive and have in his custody all books, 
papers, and productions of nature and art, the property of the 
society, and which appertain to the library and museum. 
These he shall arrange in classes, and register in a book, with 
a proper description of each article, and frequently examine 
the whole, and keep them in good order. 

Sec. 3. He shall record in a book, to be provided for that 
purpose, every donation presented and accepted by him for the 
use of the society, expressing the article given, the time, and 
name of the donor. 

Sec. 4. He shall communicate the thanks of the society to 
each donor for all articles presented, and by him accepted for 
the use of the society. 

Sec. 5. He shall, under the direction of the committee on 
the library, bind the pamphlets in volumes, and mark and 
number the manuscripts. 

Sec. 6. He shall paste a printed ticket on the inside of the 
cover of each book, signifying that it is the property of the 
society, with the name of the donor, if it be a present. 

Sec. 7. He shall, at every annual meeting of the society in 
June, present to the meeting a catalogue of all the books, 
manuscripts, and maps in the library, and curiosities in the 
museum, belonging to the society. 

ARTICLE IV. 

STANDING COMMITTEE. 

Section i. The standing committee shall recommend plans 
for promoting the objects of the society ; digest and prepare 
business ; inquire for and endeavor to obtain on the best terms, 
manuscripts, books, and articles of curiosity, and solicit and 
receive donations for the society. 

Sec. 2. They shall inspect the records, and inquire whether 
all the orders of the society are carried into effect with preci- 
sion and promptitude ; and also the library and museum, and 
make report of them to the annual meetings in June, and what 
books are particularly wanted. 

Sec. 3. They shall aid the librarian and keeper of the mu- 
seum, when he shall require it, in the arrangement of the 



8 



NEW HAMPSHIRE HISTORICAL SOCIETY. 






books, pamphlets, maps, and manuscripts, and the articles 
belonging to the museum, and especially attend to the preser- 
vation and binding of books and pamphlets. 

Sec. 4. They shall regulate all the common expenses of the 
society ; make the necessary provision for such small articles 
as may be wanted ; draw upon the treasurer for the payment 
thereof, and for all such sums as the society may from time to 
time vote and appropriate for specific purposes. 

Sec. 5. They shall, when the state of the treasury will per- 
mit, direct the treasurer to loan the money belonging to the 
society, on interest, taking sufficient security for its repayment, 
or invest the money in such funds as will be safe and produc- 
tive. 

Sec. 6. They shall, in case of the death, resignation, inca- 
pacity, or removal out of the state of New Hampshire, of 
either of the secretaries, or treasurer, or librarian and keeper 
of the museum, take charge of the official books, papers, and 
effects belonging to the office so vacated, one or more of the 
committee giving a receipt for the same ; which books and 
property they may deliver to some member of the society, 
whom they may appoint to fill the office until the next meeting 
of the society, when there shall be a new choice. 



ARTICLE V. 



PUBLISHING COMMITTEE. 



Section 1. When the funds of the society will defray the 
expense, and sufficient materials are collected for the purpose, 
the committee of publication are authorized to make such pub- 
lications from time to time as they shall deem expedient. 

Sec. 2. The contributions for such publications shall be vol- 
untary ; and of those made, such only shall be printed as the 
committee shall direct. 

ARTICLE VI. 



RECORDING secretary. 

Section i. The recording secretary shall attend all meetings 
of the society, record in a book, provided for that purpose, all 



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BY-LAWS. g 

their proceedings, and keep the records in custody ; and he 
shall keep all letters he receives respecting the society, and the 
securities given by the treasurer, and librarian and keeper ot 
the museum, and the same preserve on file, under the direction 
of the standing committee. 

Sf.c. 2. He shall record the names of all the members of the 
society and the time of their admission, and transmit to each 
of them, as soon as may be, a printed copy of the act of incor- 
poration, the constitution and by-laws of the society. 

Sec. 3. He shall notify every officer whom the society shall 
elect, unless such officer was present at the time of his election. 

Sec. 4. He shall notify all meetings of the society, annual 
and special, in one newspaper printed in Concord, and another 
printed in Portsmouth, fifteen days previous to the day of meet- 
ing, in which -notification the hour and place of meeting shall 
be designated ; but any neglect in this particular shall not pre- 
vent the annual meeting in June, or annul its proceedings. 

ARTICLE VII. 

CORRESPONDING SECRETARY. 

Section i. The corresponding secretary shall receive, and, 
at the next meeting after, read all communications made to the 
society ; he shall conduct and manage all the correspondence 
of the society. 

Sec. 2. He shall, in books provided for the purpose, keep 
copies of all letters written by him for the society, and deliver 
over the same, with the letter book, when filled, to the libra- 
rian. 

ARTICLE VIII. 

TREASURER, ETC. 

Section i. The treasurer shall annually give such security 
to the society as the standing committee shall require for the 
faithful performance of his trust ; the security to be deposited 
with the recording secretary. 

Sec. 2. He shall give seasonable notice to each member of 
the society of each and every assessment or tax, the time when 



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IO 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



it was raised, and request them to pay it ; and also give notice 
to such other persons as may otherwise be indebted to the soci- 
ety', whenever it may be necessary 7 to collect such debts. 

Sec. 3. He shall receive all moneys and evidence of property 
belonging to the society, pay all orders of the standing com- 
mittee drawn by them on him, keep a record of his receipts 
and expenditures, and exhibit the same when requested to, and 
settle with the committee appointed for that purpose. 

Sec. 4. He shall, under the direction of the standing com- 
mittee, when the state of the treasury will permit, loan the 
money belonging to the society on interest, taking sufficient 
security for its repayment, or invest it in such funds as will be 
safe and productive. 

Sec. 5. The committee to settle with the treasurer shall 
annually examine his accounts and vouchers, and make a 
report thereon to the society every year at their June meeting, 
exhibiting a full and particular account of the state of the 
treasury and funds belonging to the society. 



as****^ - -±~-&+i~u-J....- i*~ VM ^~~ -..^^,. 7 , ,>^a K ,^>, rr . f , r m °^ 



MEMBERS OF THE SOCIETY. 



RESIDENT MEMBERS. 



QUALIFIED ACCORDING TO THE CONSTITUTION OF THE SOCIETY. 

Those to which this mr.rk Q is affixed were origin?.! ir.erabers ; those with a * are dead ; those 
with a f have removed urara the state. 



Abbot, Benjamin || * 
Abbot, Edward Augustus 
Abbot, Samuel f 
Abbott, Abiel 
Abbott, Joseph C. f 
Abbott, William P. 
Adams, Daniel * 
Adams, Ebenezer || * 
Adams, Nathaniel [| * 
Aiken, Charles A. f 
Alden, Lucius 
Atherton, Charles G.* 
Atherton, Charles H.* 
Atherton, Henry B. 
Averill, Clinton S. 
Badger, William 
Bailey, William H. H. f 
Bancroft, Jesse P. 
Baker, Nathaniel B. f 
Barker, David, Jr. || * 
Barnard, Daniel 
Barrett, William 
Barry, John E. 
Bars tow, Z. S.* 
Bartlett, Charles Henry 
Bartlett, Greenleaf C. 
Bartlett, Ichabod || * 
Bartlett, James || * 
Bartlett, Richard I] * 



Bartlett, William Henry * 
Barter, Lewis W. 
Bedel, John 
Bell, Charles H. 
Bell, John J. 
Bell, Louis * 
Bell, Samuel Dana * 
Bell, Samuel N. 
Blair, Henry W. 
Blaisdell, Daniel 
Bouton, Nathaniel 
Bradley, Moses Hazen 
Bradley, Richard * 
Brewster, Charles W.* 
Brown, Samuel G. f 
Brown, John A. 
Brown, John F. 
Burleigh, George W. 
Burleigh, John A. 
Burroughs, Charles * 
Burt, Federal * 
Butterfield, John Ware f 
Carrigain, Philip * 
Chadwick, Peter || * 
Chandler, George Henry f 
Chandler, William E. 
Chamberlain, Levi * 
Chase, Francis R. 
Chase, Henry Bright * 



13 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Cilley, Bradbury L. 
Clark, William 
Clarke, John B. 
Cleaves, George P. 
Clough, Lucien B. 
Coffin, Samuel * 
Cogswell, Francis f 
Cogswell, Leander W. 
Cogswell, Parsons Brainard 
Cogswell, William * 
Conn, Granville P. 
Conner, Charles G. 
Coues, Samuel E.* 
Crosby, Dixi * 
Crosby, Jaazaniah * 
Cross, David 
Cummings, Ebenezer E. 
Cummings, Horace S. 
Currier, David 
Cutter, Charles William |[ * 
Dana, James Freeman * 
Dana, Sylvester 
Davies, Thomas J., Jr. f 
Dearborn, C. V. 
Dinsmoor, Samuel * 
Dow, Edward 
Dow, Joseph 
Downing, Lewis, Jr. 
Downs, Charles A. 
Drew, George W. 
Eames, James H. 
Eastman, Edson Cummings 
Eastman, Jonathan * 
Eastman, Moses * 
Eastman, Philip f 
Eastman, Samuel Coffin 
Elkins, Jeremiah 
Elliott, John H. 
Farmer, John jj * 
Faulkner, C. S. 
Faulkner, Francis A. 
Fletcher, Samuel * 
Fisk, Francis N. * 



Fogg, George Gilman 
Foster, John W. 
Foster, William L. 
Fowler, Asa 
Fox, Charles J.* 
Freeman, Asa || * 
Frink, J. S. H. 
Gage, Charles P. 
Gage, Isaac K. 
Gale, Charles C. P.* 
Gerrish, Enoch 
Gilmore, Joseph A.* 
Goodrich, C. B. 
Goodwin, Ichabod 
Goodwin, William F.* 
Gould, Sylvester C. 
Gove, Jesse H.* 
Griffin, Simon G. 
Grover, Benjamin * 
Hackett, William H. 
Hackett, William H'. Y. 
Haddock, Charles B.* 
Hadley, Amos 
Hale, Salma * 
Hale, Samuel W. 
Hall, Joshua G. 
Handerson, Phineas * 
Harris, John A. 
Harvey, Matthew * 
Hatch, Thomas E. 
Haven, Alfred W. 
Haven, Nathaniel A., Jr. j| 
Hazen, Henry A. 
Head, Natt 
Hildreth, Hosea |] * 
Hill, Isaac * 
Hill, Howard Fremont 
Hill, Joseph C. A. 
Hoit, Enos 
Hubbard, Henry * 
Humphrey, Moses 
Hunt, Nathan Parker 
Hutchins, Abel 



RESIDENT MEMBERS. 



l 3 



Jewett, William R. 
Jones, William P.* 
Kelley, John || * 
Kent, George || f 
Kent, Henry O. 
Kent, William A.* 
Kidder, Joseph 
Kimball, John 
Kimball, William H. 
Knowltcn, Edward L. 
Ladd, Alexander || * 
Ladd, Seneca A. 
Lawrerce, George W. 
Leonard, Levi W.* 
Little, William 
Li venn ore, Abial A. f 
Long, Moses * 
Lord, Nathan * 
Lyford, Stephen C. f 
McDuffie, Franklin 
McFarland, Andrew f 
McFarkM, Asa 
Mack, Robert C. 
McQuesten; E. F. 
Marcy, Daniel 
Marshall, Anson S. 
Marston, Gilman 
Martin, Noah * 
Mason, Jeremiah || * 
Mason, John Edwin f 
Merriam, J. W. 
Merrill, Joseph W. 
Mitchell, Stephen * 
Moore, Jacob Bailey || * 
Mugridge, John Y. 
Murray, George W. 
Muzzey, Reuben Dimond f 
Nesmith, George W. 
Niles, William W. 
Noyes, John W. 
Noyes, Parker || * 
Olcoutt, George 
Oliver, Daniel f 



Parker, Edward H. f 
Parker, Edward P. 
Parker, Joel f 
Parker, Nathan || * 
Pattee, Rufus E. 
Patterson, Joab Nelson 
Peabody, Andrew P. f 
Peabody, Oliver W. B. || * 
Peaslee, Charles PL* 
Peaslee, Edmund R. f 
Pecker, Jonathan Eastman 
Pecker, Robert Eastman * 
Peirce, Andrew || * 
Pickering, Charles A. 
Pierce, Joshua W. 
Pierce, Franklin * 
Pike, Austin F. 
Pillsbury, George A. 
Pillsbury, Parker 
Plumer, William |] * 
Plumer, William, jr., || * 
Potter, Chandler Eastman : 
Prentiss, John 
Prescott, Addison 
Prescott, Benjamin F. 
Prescott, William 
Proctor, John 
Punchard, George f 
Putnam, Israel W. || * 
Renouf, Edward P. 
Richardson, William M. * 
Rix, John M.* 
Rollins, William H. 
Runnels, Moses T. 
Rust, R. S.f 
Sanborn, Dyer H.* 
Sanborn, Edwin D. 
Sargent, Charles W. 
Sargent, Jonathan Everett 
Savage, Thomas * 
Savage, W. T. 
Sawyer, Edward f 
Sawyer, Henry E. f 



H 



NEW HAMPSHIRE HISTORICAL SOCIETY. 






Sawyer, Joseph 

Shapley, J. Hamilton 

Shirley, John M. 

Shurtleff, R.* 

Smith, Albert 

Smith, Asa D. 

Smith, Eli B. f 

Smith, George Warren * 

Smith, Isaac W. 

Smith, Jeremiah |] * 

Smith, Jeremiah 

Smith, William || * 

Spalding, Edward 

Spalding, Isaac 

Sparhawk, Samuel * 

Stark, William * ■ 

Stearns, Zben S. 

Stearns, Ezra S. 

Stearns, Onslow 

Steele, John H.* 

Stevens, Lyman D. 

Stevens, Samuel H. 

Stewart, Charles F. 

Stone, Benjamin P.* 

Ten Broeck, Petrus Stuyvesant * 

Tenney, Jonathan f 

Tenney, Richard P. J. 

Thomas, Moses G. f 

Tufts, Asa Alford 

Towle, Ebenezer Sanborn 

Towne, William B. 

Twitchell, Amos * 

Twitchell, George B. 

Tyler, Bennett || * 

Tyler, John E. f 

Upham, James 



Upham, Nathaniel Gookin * 
Upham, Timothy || * 
Vaughan, Orsino A. J. 
Varney, John R. 
Wadleigh, George 
Waite, Albert S. 
Waldron, Richard Russell f 
Walker, Abiel * 
Walker, Joseph Burbeen 
Walker, Lyman B.* 
Warren, Benjamin S. 
Weare, John M. 
Webster, Horace * 
Webster, Gideon * 
Webster, Stephen Peabody * 
Weeks, James W. 
Weeks, John W. 
Wells, John S.* 
Wheeler, Samuel M. 
White, Nathaniel 
White, William O. 
Whitman, Zachariah G. 
Whittemore, B. B. 
Williams, Jared W.* 
Wilson, James 
Wingate, Joseph C. A. 
Wood, Henry * 
Woodbury, Peter P.* 
Woodbury, Levi [j * 
Woodman, Charles W. 
Woodman, John J. 
Woods, Andrew S.* 
Worcester, Samuel F. 
Worth, Edmund f 
Young, John K. 






HONORARY MEMBERS. 



Adams, Rev. E. E.* 


Pennsylvania, 


1846 


A!t!cn, Rev. Timothy * 


Pennsylvania, 


1826 


Alien, William, D.D.* 


Maine, 


1865 


Angell, Henry C, m.d. 


Massachusetts, 


1825 


Angier, Rev. Marshall B. 


Massachusetts, 


1864 


Baldwin, Christopher C* 


Massachusetts, 


1832 


Baldwin, James P.* 


Massachusetts, 


1855 


Ballard, Rev. Edward * 


Maine, 


1858 


Bancroft, George, ll.d. 


New York, 


1839 


Baylies, Hon. Francis 


Massachusetts, 


1831 


Bell, Luther V., m.d.* 


Massachusetts, 


1844 


Benton, Hon. Thomas H.* 


Missouri, 


1849 


Bissell, Edward 


Ohio, 


1865 


Bissell, George H. 


New York, 


1871 


Bo It wood, Lucius 


Massachusetts, 


1859 


Bouton, John Bell 


New York, 


1865 


Iiowdoin, James, Esq.* 


Massachusetts, 


1831 


Bowen, Francis 


Massachusetts, 


1850 


Bradley, Samuel A.* 


Maine, 


1838 


Bradley, J. B., m.d. 


Maine, 


1851 


Butler, Rev. Franklin 


Vermont, 


1861 


Carter, Nathaniel H.* 


New York, 


1825 


Cass, Hon. Lewis, ll.d.* 


Michigan, 


1831 


Chase, Rt. Rev. Carlton, D.D.* 


Vermont, 


1832 


Chester, Joseph S. 


England, 


1872 


Gilford, Hon. John H. 


Massachusetts, 


1871 


Co:nn, Joshua 


Massachusetts, 


1833 


Cofna, Charles Carleton 


Massachusetts, 


1869 


Cogswell, Rev. William* 


Massachusetts, 


1837 


Cogswell, William F. 


New York, 


1867 


Coll urn, Jeremiah 


Massachusetts, 


1867 
1867 


Dan forth, George F. 


New York, 


Davis, Hon. John, ll.d.* 


Massachusetts, 


1831 

i 



i6 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Davies, Charles S., ll.d.* 

Day, Rev. Thomas 

Dix, Gen. John A. 

Drake, Samuel Gardner 

Durrea, Daniel S. 

Eastman, Philip 

Eastman, Col. Seth 

Edmunds, Hon. James J. 

Edwards, Bela B. 

Ela, Richard * 

Elton, Dr. Romeo * 

Elwyn, Alfred S. 

Emerson, Ralph Waldo 

Emery, Hon. Nicholas, LL.D.* 

Everett, Hon. Edward * 

Felt, Rev. Joseph B., ll.d.* 

Fessenden-, Hon. William Pitt * 

Fisk, Robert F.* 

Fitz, Rev. Daniel * 

Fletcher, Hon. Daniel* 

Folsom, George * 

French, Benjamin B.* 

Goodrich, Charles B. 

Gookin, John M. 

Green, Dr. Samuel A. 

Greene, Hon. Albert G.* 

Haines, Hon. William P. 

Hall, Rev. Edwin 

Harris, Thaddeus M., D.D.* 

Hawthorne, Nathaniel * 

Hemsb, Count Jacob Graberg de, 

Con. General of 
Holden, Luther S. 
Holmes, Abiel, d.d.,ll.d.* 
Hopkins, Prof. Mark 
Hoyt, Col. Albert H. 
Humphrey, Samuel F. 
Jackson, Francis 
Jewett, Prof. Charles C* 
Jordan, John, Jr. 
Kent, Hon. Edward, ll.d. 
Kidder, Frederick 
Kingsley, Prof. James L-* 



Maine, 


1S50 


Connecticut, 


1840 


New York, 


1849 


Massachusetts, 


1S33 


Wisconsin, 


1S67 


Maine, 


1861 


United States Army, 


i86r 


Washington, D. C, 


1866 


Massachusetts, 


1S39 


Washington, D.C., 


1852 


Rhode Island, 


1846 


Pennsylvania, 


1873 


Massachusetts, 


1838 


Maine, 


1S50 


Massachusetts, 


1S27 


Massachusetts, 


iS_;i 


Maine, 


1851 


Massachusetts, 


1S55 


Massachusetts, 


i860 


Massachusetts, 


1S40 


New York, 


1840 


Washington, D. C, 


1S43 


Massachusetts, 


1872 


Maine, 


1850 


Massachusetts, 


1867 


Rhode Island, 


1863 


Maine, 


iSor 


Connecticut, 


1S51 


Massachusetts, 


1826 


Massachusetts, 


1849 


Sweden, at Firense, 


1S40 


Massachusetts, 


1872 


Massachusetts, 


1826 


Massachusetts, 


1856 


Massachusetts, 


1867 


Maine, 


1872 


Massachusetts, 


1S26 


Massachusetts, 


1867 


Pennsylvania, 


1 866 


Maine, 


1854 


Massachusetts, 


1867 


Connecticut, 


1837 



1 

Is 



HONORARY MEMBERS. 



Lincoln, Gov. Enoch * 
Lockwood, Legrand * 
Low, Abiel A. 
Ludwig, Herman E. 
McClure, William 
Marden, George A. 
Mellen, Hon. Prentiss, ll.d.* 
Mickley, Joseph J. 
Moore, George Henry, ll.d. 
Moore, Frank 
Morse, Prof. S. F. B.* 
Morton, Levi P. 
Nichols, Ichabod, D.D.* 
Noyes, Hon. Edward F. 
Parker, Henry M.* 
Parker, James 
Parker, John A.* 
Parsons, Usher, m.d.* 
Patterson, Hon. George W. 
Patterson, Peter 
Pickering, Hon. John* 
Plumer, William 
Poor, Hon. John A.* 
Prescott, William H., ll.d.* 

Quint, Alonzo H., d.d. 

Rain, Prof. C. C. P. D.* 

Sabine, Lorenzo 

Savage, Hon. James * 

Sawyier, Nathaniel * 

Shattuck, Lemuel * 

Sibley, Rev. John L. 

Silliman, Benjamin, Jr. 

Sleeper, Hon. John S. 

Smith, Cyrus P. 

Smith, Hon. F. O. J. 

Sparks, Hon. Jared * 

Spence, Hon. Carroll 

Staples, Hon. William R.* 

Stone, William Leete 

Tarbox, Increase N., d.d. 

Thatcher, James, m.d.* 

Thornton, JohnWingate 

Trask, William B. 



Maine, 

New York, 

New York, 

New York, 

England, 

Massachusetts, 

Maine, 

Pennsylvania, 

New York, 

New York, 

New York, 

New York, 

Maine, 

Ohio, 

Massachusetts, 

Massachusetts, 

New York, 

Rhode Island, 

New York, 

Ontario, 

Massrchusetts, 

Massachusetts, 

Maine, 

Massachusetts, 

Massachusetts, 

Denmark, 

Massachusetts, 

Massachusetts, 

Ohio, 

Massachusetts, 

Massachusetts, 

Connecticut, 

Massachusetts, 

New York, 

Maine, 

Massachusetts, 

Maryland, 

Rhode Island, 

New York, 

Massachusetts, 

Massachusetts, 

Massachusetts, 

Massachusetts, 



17 

1827 
1863 
1871 
1846 

iS73 
1872 
1838 
1866 
1867 
1867 
1851 
1871 
1850 
1871 

1353 
1867 
1871 
1867 
1868 
1S71 
1S55 
1856 
186S 
1839 
1856 
1828 

1873 
1825 
1851 
1831 
1863 
1846 
1850 
1871 
1868 
1850 
1856 
1831 
1868 
1872 
1832 

1843 
1867 



i8 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Tucker, Ichabod 
Upham, Rev. Charles W. 
Upham, Francis W. 
Upham, Thomas C, D.D. 
Vaux, William S. 
Walker, Charles I. 
Washburn, William B. 
Waterman, Joshua 
Waterman, Thomas'*"' 
Waters, Joseph Gilbert, Esq. 
Webster, Hon. Daniel, ll.d.* 
Webster, Sidney 
Wilder, Marshall P. 
Willis, William * 
Woods, Joseph W. 



Massachusetts, 


1827 


Massachusetts, 


1835 


New York, 


1865 


Maine, 


1831 


Pennsylvania, 


1867 


Michigan, 


1865 


Massachusetts, 


1862 


Massachusetts, 


1865 


Massachusetts, 


1831 


Massachusetts, 


1831 


Massachusetts, 


1825 


New York, 


1871 


Massachusetts, 


1871 


Maine, 


1856 


Massachusetts, 


1869 









OFFICERS OF THE SOCIETY. 



- 


PRESIDENTS. 




William Plumer, 


1823 


Charles Burroughs, 


1849 


Levi Woodbury, 


1825 


Levi Chamberlain, 


1852 


Ichabod Bartlett, 


1826 


William Plumer, 


1854 


Salma Hale, 


I830 


Chandler E. Potter, 


1855 


Matthew Harvey, 


1832 


Edwin D. Sanborn, 


1857 


Charles H. Atherton, 


1834 


Joseph Dow, 


i860 


Joel Parker, 


1838 


William H. Y. Hackett, 


1861 


Nathaniel Bouton, 


1842 


Joseph B. Walker, 


1866 


Nathaniel G. Upham, 


1844 


Charles H. Bell, 


1868 


Samuel D. Bell, 


.1847 







FIRST VICE-PRESIDENTS. 



Levi Woodbury, 


1823 


Levi Chamberlain, 


1847 


William Plumer, Jr., 


1825 


Charles H. Peaslee, 


1849 


Salma Hale, 


1829 


Chandler E. Potter, 


1852 


Matthew Harvey, 


1830 


Edwin D. Sanborn, 


1855 


Charles H. Atherton, 


1832 


Joseph Dow, 


1857 


Joe! Parker, 


1834 


William H. Y. Hackett, 


i860 


Nathaniel Bouton, 


1838 


Joseph B. Walker, 


1861 


Nathaniel G. Upham, 


1842 


Asa McFarland, 


1866 


Samuel D. Bell, 


1844 


William L. Foster, 


1868 


Henry Hubbard, 


1845 






VOL. IX. 3 









20 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



SECOND VICE-PRESIDENTS. 



Bennet Tyler, 


1823 


E. D. Sanborn, 


1849 


Salma Hale, 


1826 


Asa McFarland, 


1852 


Matthew Harvey, 


1829 


Nathaniel B. Baker, 


1855 


C. H. Atherton, 


1830 


Joseph Dow, 


1856 


Parker Noyes, 


1832 


Levi Chamberlain, 


1S57 


Nathaniel Bouton, 


1834 


Joseph B. Walker, 


1S60 


Nathaniel G. Upham 


1838 


Asa McFarland, 


1S61 


Samuel D. Bell, 


1842 


Franklin Pierce, 


1S66 


Levi Chamberlain, 


1844 


John M. Shirley, 


1S68 


Jared W. Williams, 


1847 


Benj. F. Prescott, 


1873 




LIBRARIANS. 




Jacob B. Moore, 


1823 


William F. Goodwin, 


1S60 


Moses Eastman, 


1830 


Charles W. Sargent, 


1867 


Abner B. Kelley, 


1835 


Benjamin P. Stone, 


1S68 


Jacob B. Moore, 


1837 


William H. Kimball, 


1S71 


Nathaniel Bouton, 


184I 


Nathaniel B. Bouton, 


1872 


Joseph B. Walker, 


I84S 


Samuel C. Eastman, 


1S73 


William Prescott, 


1850 








TREASURERS. 




George Kent, 


1823 


E. S. Towle, 


1845 


Samuel Sparhawk, 


1825 


J. C. A. Wingate, 


i860 


George Kent, 


1830 


Edward Sawyer, 


1862 


Samuel Fletcher, 


1837 


William R. Walker, 


1865 


Asa McFarland, 


1839 


Charles W. Sargent, 


1869 


E. E. Cummings, 


1844 








RECORDING 


SECRETARIES. 




John Kelley, 


1823 


Amos Hadley, 


1853 


Moses Eastman, 


1831 


Asa McFarland, 


1857 


Moses G. Thomas, 


1834 


Dyer H. Sanborn, 


185S 


Asa McFarland, 


1 84I 


William F. Goodwin, 


1859 


Franklin Pierce, 


1843 


William L. Foster, 


1862 


Edmund Worth, 


1845 


Samuel C. Eastman, 


1S67 


Joseph B. W T alker, 


1849 


P. B. Cogswell, 


1872 


CORRESPONDING SECRETARIES. 




Nathaniel A. Haven 


Jr., 1823 


Moses G. Thomas, 


1841 


John Farmer, 


1825 


Nathaniel Bouton, 


1844 


Ira Perley, 


1839 







OFFICERS. 



21 



STANDING COMMITTEES. 



3 Nathaniel Adams, 


1823 


2 Franklin Pierce, 


3 Nathan Parker, 




4 Asa McFarland, 


2 Hosea Hildreth, 




1 Edmund Worth, 


4 0. W. B. Peabody, 


1825 


4 William Prescott, 


3 Matthew Harvey, 


1826 


1 E. E. Cummings, 


3 Henry B. Chase, 




1 E. S. Towle, 


I Parker Noyes, 


1829 


3 Asa McFarland, 


3 William Prescott, 




2 Salma Hale, 


I Richard Bartlett, 




3 I. \V. Pierce, 


I James Bartlett, 


1830 


1 Chandler E. Potter, 


I Alexander Ladd, 




4 D. Lancaster, 


I Andrew Pierce, 


1831 


1 R. Bradley, 


i Henry B. Chase, 




13 Joseph B. Walker, 


Moses G. Thomas, 


1832 


1 William H. Bartlett, 


Moses Long, 




6 E. E. Cummings, 


Jacob B. Moore, 




4 Asa McFarland, 


4 N. G. Upham, 


1834 


8 Benjamin P. Stone, 


3 Samuel Fletcher, 


1834 


1 George W. Smith, 


3 Samuel D. Bell, 


1837 


8 William Prescott, 


2 William A. Kent, 


1838 


5 Samuel C. Eastman, 


2 Philip Carrigain, 




1 George W. Murray, 


I Thomas Chadbourne, 


1840 


2 Austin F. Pike, 


5 P. S. Ten Broeck, 




Joseph B. Walker, 


4 E. E. Cummings, 




Ebenezer S. Towle, 


4 Salma Hale, 




1 William B. Towne, 


i Richard Bradley, 


1 841 


Enoch Gerrish, 



1842 

1844 
1845 
1846 
1848 

1849 

1850 
1851 
1852 

1853 

1854 
1856 
i860 

1861 
1866 
1868 
1869 

1871 

1872 



PUBLISHING COMMITTEES. 



For Vol. I. 
William Plumer, Jr. 
Parker Noyes, 
John Farmer. 

For Vol. III. 
Richard Bartlett, 
John Farmer, 
Jacob B. Moore. 
For Vol. V. 
John Farmer, 
Nathaniel Bouton, 
Isaac Hill. 



For Vol. II. 
William Plumer, Jr., 
Richard Bartlett, 
Jacob B. Moore, 
James F. Dana. 

For Vol. IV. 
John Farmer, 
Nathaniel Bouton, 
Isaac Hill. 

For Vol. VI. 
William Cogswell, 
Nathaniel Bouton, 
Alexander Ladd. 



22 NEW HAMPSHIRE HISTORICAL SOCIETY. 

For Vols. VII. and VIII. 1869. 

Samuel D. Bell, William L. Foster, 

Nathaniel Bouton, John J. Bell, 

Ebenezer E. Cummings Samuel C. Eastman. 

LIBRARY COMMITTEE. 
1873. 

Joseph B. Walker, John J. Bell, 

Samuel C. Eastman. 



ACTIVE RESIDENT MEMBERS. 

JANUARY, 1874. 

Abbot, Edward A Concord* 

Alden, Rev. Lucius * Newcastle, 

Averill, Clinton S Milford. 

Ayer, Rev. F. D « Concord. 

Badger, William Gilmanton. 

Bancroft, Jesse P., m.d Concord. 

Barnard, Hon. Daniel Franklin. 

Barrett, William , Nashua. 

Barry, Rev. John Edward Concord* 

Bartlett, Greenleaf C Derry. 

Barton, Hon. Levi W Newport. 

Bell, Hon. Charles H Exeter. 

Bell, John J Exeter. 

Bell, Samuel N Manchester. 

Bedel, Gen. John Bath. 

Blair, Hon. Henry W Plymouth. 

Blaisdell, Hon. Daniel Hanover. 

Bouton, Nathaniel, d.d Concord. 

Bradley, Moses H Concord. 

Brown, John F Concord. 

Brown, John S Fisherville. 

Burleigh, George W Great Falls. 

Chandler, Hon. William E Concord. 

Cilley, Bradbury L Manchester. 

Clark, Rev. William Amherst. 

Clarke, John B Manchester. 

Cleaves, George P Concord. 

Clough, Lucien B Manchester. 

Cogswell, Leander W Henniker. 

Cogswell, P. Brainerd Concord. 

Conn, Granville P Concord. 



24 NEW HAMPSHIRE HISTORICAL SOCIETY. 

Crosby, Matthias F Milford. 

Cummings, Ebenezer E., d.d Concord. 

Cummings, Horace S Washington. 

Currier, David Deny . 

Dana, Hon. Sylvester Concord. 

Dearborn, Cornelius V Nashua. 

Dow, Edward Concord. 

Dow, Joseph Hampton. 

Downing, Lewis, Jr Concord. 

Downs, Rev. C. A Lebanon. 

Eastman, Edson C Concord. 

Eastman, Samuel C Concord. 

Edwards, Hon. Thomas M Keene. 

Elliott, Hon. John Henry Keene. 

Faulkner, C. S Keene. 

Faulkner, Francis A Keene. 

Fogg, Hon. George G Concord. 

Foster, Hon. William L Concord. 

Fowler, Hon. Asa Concord. 

Frink, J. S. H Portsmouth. 

Gage, Charles P., m.d Concord. 

Gage, Isaac K Fisherville. 

Gerrish, Enoch Concord. 

Goodrich. C. B Nashua. 

Goodwin. Hon. Ichabod Portsmouth. 

Gould, Sylvester C Manchester. 

Griffin, Gen. Simon G • Keene. 

Hackett, William H Portsmouth. 

Hackett, Hon. William H. Y Portsmouth. 

Hale, Hon. Samuel W Keene. 

Hall, Joshua G Dover. 

Harris, John A Concord. 

Harris, Almon Fisherville. 

Hatch, Albert R Portsmouth. 

Hazen, Rev. Henry A Pittsfield. 

Head, Gen. Natt Hooksett. 

Hill, Howard F Concord. 

Humphrey, Hon. Moses Concord. 

Hunt, Nathan Parker ." Manchester. 

Hutchins, Abel Concord. 

Hadley, Amos Concord. 

Jewett, Rev. W. R Fisherville. 

Kent, Col. Henry O Lancaster. 



ACTIVE RESIDENT MEMBERS. 



25 



Kidder, Joseph Manchester. 

Kimball, John Concord. 

Kimball, William H Concord. 

Knowlton, Edward L Corlcord. 

Ladd, Seneca A Meredith. 

Lawrence, George W Concord. 

Lovering, Rev. J. F Concord. 

Lyman, Hon. John D Exeter. 

Mack, Robert C Londonderry. 

Marshall, Anson S Concord. 

Merrill, Joseph W Exeter. 

Mugridge, Hon. John Y Concord. 

Nesmith, Hon. George W Franklin. 

Noyes, Hon. JohnW Chester. 

Olcott, George Charlestown. 

Parker, Edward P Merrimack. 

Parsons, Rev. E. G Derry. 

Patten, Rufus E Candia. 

Peaslee, Edmund R., m.d Hanover. 

Pecker, Jonathan E Concord. 

Pierce, Joshua W Portsmouth. 

Perley, Hon. Ira Concord. 

Pickering, Charles W * Greenland. 

Pike, Hon. Austin F .Franklin. 

Pillsbury, George A Concord. 

Pillsbury, Parker , Concord. 

Prescott, Addison East Jaffrey. 

Prescott, Benjamin F Concord. 

Prescott, William, M.D Concord. 

Proctor, John Andover. 

Rollins, Hon. Edward H Concord. 

Rollins, William H Portsmouth. 

Runnells, Rev. Moses T Sanbornton. 

Sargent, Charles W Concord, 

Sargent, Hon. Jonathan E Concord. 

Savage, Rev. William T Franklin. 

Shapley, J. Hamilton Portsmouth. 

Shirley, John M Andover. 

Smith, Albert ' Peterborough. 

Smith, Asa D., d.d Hanover. 

Smith, Hon. Isaac W Manchester. 

Smith, Hon. Jeremiah Dover. 

Spalding, Edward Nashua. 



26 NEW HAMPSHIRE HISTORICAL SOCIETY. 

Spalding, Hon. Isaac Nashua. 

Stearns, Eben S Exeter. 

Stearns, Ezra S Rindge. 

Stearns, Hon. Onslow Concord. 

Stevens, Samuel H Concord. 

Stewart, Charles F Concord. 

Towle, Ebenezer S Concord. 

Towne, William B Milford. 

Varney, John R Dover. 

Wadleigh, George Dover. 

Wait, Albert S Newport. 

Walker, Joseph B Concord. 

Warren, Benjamin S., m.d Concord. 

Weare, John M Seabrook. 

Wheeler, Hon. Samuel M Dover. 

White, William O Keene. 

Whittemore, B. B Nashua. 

Woodman, Charles W Dover. 

Worcester, Samuel F Nashua. 

Young, Rev. John K Hopkinton. 



PROCEEDINGS 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



'ANNUAL MEETING. 



Concord, N. H., June 12, 1S72. 

The fiftieth annual meeting of the New Hampshire Histori- 
cal Society was held in the city council rooms, in consequence 
of the repairs in progress in the library, at 11 o'clock a. m. 
The recording secretary being absent, P. B. Cogswell was 
chosen secretary pro tern. 

The report of the corresponding secretary was read by Joseph 
B. Walker, and accepted. 

On motion of John A. Harris, 

Voted, That the thanks of the society be presented to Dr. William 
Prescott for the donation of valuable papers made by him to the society : 
also, to John J. Bell and Samuel N. Bell for valuable papers of the late 
Hon. Samuel D. Bell, presented by them to the society. 

The report of the treasurer was read and accepted. 

J. B. Walker, from the committee on remodelling the socie- 
ty's building, made a verbal report, which was accepted. 

The reports of the corresponding secretary, of the committee 
on repairs, and on the subject of appointing a librarian, with a 
view of keeping the library open certain hours on certain days, 



28 NEW HAMPSHIRE HISTORICAL SOCIETY. 

were referred to a committee consisting of Messrs. John J. Bell, 
Joseph B. Walker, and John M. Shirley. 

John J. Bell, from the publishing committee, made a verbal 
report, recommending that the proceedings of the society should 
be printed and circulated among the members by the publish- 
ing committee, which was adopted. 

Mr. Walker, from the standing committee, made a verbal 
report, which was accepted. ! 

Messrs. John J. Bell and John M. Shirley, from the special 
committee on the return of missing books, made verbal reports, 
and were instructed to make further investigations. 

Mr. Barrett, from the committee to select an orator, reported 
that Rev. Dr. Tarbox, of Boston, would address the society that 
evening in the Representatives' hall. 

Rev. Dr. Bouton was excused from serving on the Bradley 
monument committee, and Hon. Moses Humphrey was chosen 
in his place. 

The subject of disposing of the minerals and geological spec- 
imens was referred to the committee on reports. 

Messrs. William B. Towne of Milford, Joseph Dow of Hamp- 
ton, and William Barrett of Nashua, were appointed a commit- 
tee to nominate officers. 

Messrs. A. F. Pike of Franklin, S. M. Wheeler of Dover, 
and Robert C. Mack of Londonderrv, were appointed a com- 
mittee on new members. 

William B. Towne, from the committee on the nomination 
of officers, reported the following, who were elected : 

President — Hon. Charles H. Bell. 

Vice-Presidents — Hon. William L. Foster, John M. Shirley. 

Corresponding Secretary — Rev. Nathaniel Bouton, d.d. 

Recording Secretary — P. B. Cogswell. 

Publishing Committee — Hon. William L. Foster, John J. Bell, and 
Samuel C. Eastman. 

Standing Committee — Joseph B. Walker, Ebenezer S. Towle, Enoch 
Gerrish. 

Auditing Committee — Abel Hutchins, John A. Harris. 



PROCEEDINGS — ANNUAL MEETING. 29 

Hon. A. F. Pike, from the committee on new members, re- 
ported the following persons, who were elected : 

HONORARY MEMBERS. 

Joseph L. Chester, of London, Eng. ; Charles B. Goodrich, _ Rev. 
Increase N. Tarbox, d.d., Luther S. Holden, of Boston, Mass. ; George 
A. Marden, of Lowell, Mass. ; Samuel F. Humphrey, of Bangor, Me. 

RESIDENT MEMBERS. 

W. W. Bailey, Virgil C. Gilman, Samuel T. Worcester, Orren C. 
Moore, Cornelius V. Dearborn, Edward Spalding, and Frank A. 
McKean, of Nashua; David Cross, Joseph W. Fellows, Lewis W. 
Clark, and Clinton W. Stanley, of Manchester; James W. Emery and 
Albert R. Hatch, of Portsmouth ; Joshua G. Hall and George T. Day, 
of Dover; Albert Smith, of Peterborough; H. S. Cummings, of Exe- 
ter; George Olcott, of Charlestown; George H. Marston, William G. 
Carter, Charles F. Stewart, Jacob H. Gallinger, John H. Albin, Francis 
A. Fisk, and Edward Dow, of Concord ; George F. Beede, of Fre- 
mont ; Rev. Josiah G. Davis, of Amherst; Clinton S. Averill and Hon. 
Bainbridge Wadleigh, of Miiford ; Isaac K. Gage, of Fisherville ; 
Charles S. Faulkner, of Keene ; Josiah C. Eastman, of Hampstead. 

On motion of Mr. Dow, an assessment of $2 was ordered ; 
and members were permitted to have the fifth volume of the 
Provincial Papers on paying $1.50 additional. 

Hon. Charles H. Bell, from the committee to whom were 
referred various reports, &c, reported as follows : 

The committee nominate Rev. Nathaniel Bouton, d.d., for librarian, 
and recommend that the standing committee appoint an assistant libra- 
rian, and fix the compensation ; and that Messrs. Joseph B. Walker, 
Enoch Gerrish, and John J. Bell be a committee to assist the librarian 
in arranging the library ; — also, that the surplus fund in the treasury 
be made a permanent fund, the income only to be appropriated to the 
support of the library ; and that all amounts received from sales of the 
Provincial Papers belonging to the society be added to the fund ; and 
that Messrs. Charles H. Bell, William B. Towne, and Rev. Dr. Bouton 
be a committee to solicit additions to the fund until it reaches the sum 
of $5,000 or more ; — also, that the minerals belonging to the society 
be secured for the present in boxes ; — also, that the standing committee 
be authorized to make arrangements with the New Hampshire Medical 
Society, and any association of the bar, for occupation of rooms in the 
society's building. 



3° NEW HAMPSHIRE HISTORICAL SOCIETY. 

The report was accepted. 

Dr. Bouton was elected librarian ; and the several measures 
recommended by the committee agreed to. 
Adjourned to 7 : 15 p. m. 



The society met according to adjournment, at 7 : 15 o'clock, 
in the Senate chamber. 

Rev. E. E. Cummings, d.d., Hon. William L. Foster, and 
Hon. Sylvester Dana were appointed to prepare memorial 
notices of President Nathan Lord of Hanover, Prof. Dyer H. 
Sanborn of Hopkinton, and Prof. John S. Woodman of 
Hanover. 

The society repaired to the Representatives' hall at 8 
o'clock, where Rev. Increase N. Tarbox, d.d., of Boston, deliv- 
ered a very interesting and instructive address upon the early 
history of Dartmouth college. 

On motion of Mr. Walker, it was 

Voted, That the thanks of this society be hereby tendered to Rev. 
Dr. I. N. Tarbox for his very able, interesting, and valuable address 
delivered this evening, and that a copy of the same be requested for 
preservation and future publication by the society. 

Adjourned. 



SPECIAL MEETING 



Concord, N. H., Feb. 13, 1S73. 
A special meeting of the officers of the New Hampshire 
Historical Society was held in the room of the state librarian, 
at 11 o'clock a. m., to consider the subject of commemorating 
the semi-centennial anniversary of the society. After a full 
discussion, it was 



PROCEEDINGS — SPECIAL MEETINGS. 3 1 

Voted, That a celebration of the semi-centennial of the society be 
held, and incidentally therewith the two hundred and fiftieth anniver- 
sary of the settlement of the state be commemorated, and the new 
rooms of the society in the Historical building be dedicated. 

Messrs. Joseph B. Walker, Rev. Dr. Bouton, John M. Shir- 
ley, Samuel C. Eastman, Benjamin F. Prescott, Charles H. 
Bell, and John J. Bell were appointed a general committee of 
arrangements, with full power to fix the time of celebration, 
and arrange all the details relating thereto. 

Joseph B. Walker, Esq., was selected to deliver the dedica- 
tory address, and Hon. Charles H. Beli the commemorative 
oration. 



Concord, N. H., March 14, 1S73. 
A meeting of the committee of arrangements was held at 
the state historian's room, at 11 o'clock a. m. 

Voted, To invite Miss Edna Dean Proctor to write a poem, to be 
read on the occasion of the semi-centennial, and George Kent, Esq., 
an ode. 

Thursday, May 2 2d, was fixed as the day for the proposed 
celebration and dedication of the society's library, the dedi- 
catory exercises to take place in the society's building in the 
forenoon, and the commemorative exercises in the Representa- 
tives' hall in the afternoon. 

Messrs. Joseph B. Walker, Nathaniel Bouton, John J. Bell, 
Moses Humphrey, and Samuel C. Eastman were appointed a 
committee to remove and arrange the library in the new rooms. 

Messrs. P. B. Cogswell, B. F. Prescott, and William B. 
Towne were appointed a committee to prepare a notice of, and 
extend invitations to attend the celebration. 

Messrs. Charles H. Bell, B. F. Prescott, and Joseph B. 
Walker, were appointed a committee to secure portraits for 
the society's rooms. 



32 NEW HAMPSHIRE HISTORICAL SOCIETY. 



SEMI-CENTENNIAL. 



Concord, N. H., May 22, 1S73. 

Previous to the commencement of the dedicatory exercises 
in the society's rooms, at 1 1 o'clock a. m., votes of thanks were 
passed to Dr. Alfred Langdon Elwyn, of Philadelphia, for a 
brace of pistols worn by Gov. John Langdon at the time he 
joined the American army under General Gates, at Saratoga, 
as colonel of a regiment of his neighbors ; to Mrs. N. G. 
Upham. for- a donation of books from the library of her father, 
the late Rev. Dr. Burnham, of Pembroke ; and to the ladies of 
Concord, who rendered most efficient aid in placing the books 
of the society upon the shelves in the alcoves. 

Joseph B. Walker, Esq., of Concord, delivered the dedica- 
tory address. 

Rev. Nathaniel Bouton, d.d., of Concord, made a fervent 
dedicatory prayer. 

The ode, written by George Kent, Esq., of Washington, 
D. C, the only surviving member of the founders of the 
society, was read by Rev. J. F. Lovering, of Concord, and 
sung by a select choir, under the direction of Mr. Morey, to 
original music composed by John H. SeirFort, of Washington, 
D. C. 

Hon. Marshall P. Wilder of Boston, Mass., President of the 
New England Historical-Genealogical Society, Hon. Edward 
Kent of Bangor, a native of Concord, Hon. William H. Y. 
Hackett of Portsmouth, Hon. George W. Nesmith of Frank- 
lin, Hon. Samuel T. Worcester of Nashua, Mr. William B. 
Towne of Milford. Gen. Natt Head of Hooksett, A. H. 
Hoyt, Esq., of Boston, also a native of New Hampshire, made 
brief speeches, which were listened to with close attention. 

At 1 o'clock the society adjourned, to meet in the Repre- 
sentatives' hall, at 2 o'clock p. m. 



proceedings — annual meeting. 33 

Afternoon Session. 

The afternoon session was called to order by Hon. William 
L. Foster, Vice-President, who introduced Hon. Charles H. 
Bell, who delivered the historical address. 

Judge Foster then read the poem written for the occasion 
by Miss Edna Dean Proctor. 

At the conclusion of the literary exercises, a vote of thanks 
was passed to Hon. Charles H. Bell, and Joseph B. Walker, 
Esq., for the addresses delivered by them ; to George Kent, 
Esq., for the ode written for the dedication ; and to Miss Edna 
Dean Proctor, for the poem written for the semi-centennial 
anniversary. 

Adjourned. 



ANNUAL MEETING. 



Concord, N. H., June n, 1873. 

The fifty-first annual meeting of the New Hampshire His- 
torical Society was held at 11 o'clock to-day, in the library 
room, the president in the chair. 

The proceedings of the last meeting were read and approved. 

The corresponding secretary read his report, which was 
accepted, and also a letter from Hon. Marshall P. Wilder. 

The report of the treasurer was presented, read, and ac- 
cepted. 

Mr. John J. Bell, from the publishing committee, made a 
verbal report, that no publications had been ordered during the 
year. 

The committee on the Bradley monument made a written 
report concerning the expense of fencing the lot containing the 
monument, on the Hopkinton road, estimated at $100. The 
report was accepted, and placed on file. 



34 NEW HAMPSHIRE HISTORICAL SOCIETY. 

Benjamin F. Prescott, from the committee to secure portraits 
for the society's room, reported that he had secured the por- 
traits of Rev. Dr. Bouton and Dr. Wm. Prescott, now in the 
hall ; and that he had secured in Boston a copy of a portrait of 
Rev. Dr. Belknap. 

The report was accepted, and the committee were requested 
to continue their labors. 

The following resolutions were presented by B. F. Prescott, 
and adopted : 

Resolved, That the thanks of the New Hampshire Historical Society 
be tendered to Nathan B. Prescott, Esq., of Jamaica Plains, Massachu- 
setts, for the excellent portrait of Dr. William Prescott, of Concord, 
N. H., which he has so liberally presented to this society, and that the 
secretary be„ directed to forward a copy of this resolution to Mr. Pres- 
cott. 

Resolved, That the thanks of the New Hampshire Historical Society 
be tendered to Gen. Joab N. Patterson, of Concord, and others, for the 
portrait of the Rev. Nathaniel Bouton, of Concord, which they have so 
liberally presented to the society, and that the secretary be directed to 
forward a copy of this resolution to each of the names mentioned in the 
above. 

Messrs. W. B. Towne of Milford, S. C. Eastman of Con- 
cord, and Robert C. Mack of Londonderry, were appointed a 
committee to nominate officers. 

Messrs. Wm. H. Y. Hackett of Portsmouth, Lemuel H. 
Stevens of Concord, and John J. Bell of Exeter, were ap- 
pointed a committee on new members. 

Wm. H. Y. Hackett, from the committee on new members, 
reported the following list, all of whom were unanimously 
elected by ballot : 

HONORARY MEMBERS. 

Lorenzo Sabine, Boston; Alfred L. Elwyn, Philadelphia; Rev. Wm. 
McClure, d.d., Londonderry, Ireland. 

RESIDENT MEMBERS. 

George W. Lawrence, David A. Warde, Henry J. Crippen, Oliver 
Pillsbury, and John V. Barron, of Concord; Joseph N. Cilley, Notting- 
ham ; Winthrop H. Dudley, Brentwood; Seneca A. Ladd, Meredith 



1770805 



PROCEEDINGS ANNUAL MEETING. 35 

Village; Rev. Silas Ketchum, Bristol; A. J. Thompson, m.d., Laco- 
nia; Isaac Walker, Pembroke; W. H. H. Allen, Ira Colby, Jr., and 
Hosea W. Parker, of Claremont ; Sylvester C. Gould, John B. Clarke, 
Joseph G. Edgerly, Rev. William J. Tucker, and Nathan P. Hunt, of 
Manchester; Frank W. Miller and Woodbury Seavey, of Portsmouth; 
Prof. Charles H. Hitchcock, Hanover; William K. Bartlett, Warner; 
Bradbury L. Cilley, Exeter ; Edwin C. Bailey, Hopkinton ; Col. John 
B. Bachelder, Gilmanton; Charles H. Burns, Wilton. 

The president then read the following communication : 

To the h T ew Hampshire Historical Society : 

The subscriber offers to the New Hampshire Historical Society a 
quantity of books, pamphlets, and periodicals, illustrating the literature 
of this state, to which he proposes to make additions from time to 
time, upon the following conditions, with which the society is to com- 
ply on pain of forfeiting the said donations, viz. : 

i. The said books, pamphlets, &c, are to be safely preserved in the 
library of said society, and not allowed to be taken therefrom. 

2. They are to be kept always together in some alcove or other con- 
venient place, bearing the surname of the donor, in said library. 

3. In each of said volumes shall be inserted a ticket containing a 
statement of the donation to which the same belongs, and the forego- 
ing conditions thereof. 

CHARLES H. BELL. 
June 11, 1873. 

Mr. Joseph B. Walker offered the following resolution, which 
was adopted : 

Voted, That this society gratefully accept the very liberal donation of 
our president, embodied in the communication just read, upon the terms 
therein set forth ; that alcove No. 2 be hereby named the Bell alcove. 
and set apart for the reception of the books presented by Mr. Bell. 

William B. Towne, from the committee on nomination of 
officers, reported the following, who were unanimously elected : 

President— Won. Charles H. Bell. 

Vice-Presidents— -Hon. William L. Foster, Hon. Benjamin F. Pres- 
cott. 

Corresponding Secretary — Rev. Nathaniel Bouton, d.d. 

Recording Secretary — Parsons B. Cogswell. 

Publishing Committee— Hon. William L. Foster, John J. Bell, Sam- 
uel C. Eastman. 

VOL. IX. 4 



$6 NEW HAMPSHIRE HISTORICAL SOCIETY. 

Standing Committee — Joseph B. Walker, Ebenezer S. Towle, Enoch 
Gerrish. 
Auditing Committee — Abel Hutchins, John A. Harris. 
Treasurer — Charles W. Sargent. 
Librarian — Samuel C. Eastman. 

The duties of the librarian were referred to the president and 
standing committee to arrange. 

John J. Bell, of Exeter, offered the following resolution, which 
was adopted : 

Resolved, That the New Hampshire Historical Society congratulate 
Rev. Nathaniel Bouton, d.d., upon the useful and creditable manner in 
which he has edited the six volumes of the New Hampshire Provincial 
Papers which have already been issued, and earnestly hope that he 
may continue Ms valuable labors as state historian until the publication 
of the provincial papers in relation to towns and the state papers of the 
revolutionary period shall be completed. 

William H. Y. Hackett, of Portsmouth, offered the following 
resolution, which was adopted: 

Resolved, That the several addresses and poems, and the proceedings 
of this society on the 22d of May last, be published in pamphlet form, 
under the direction of the publishing committee, for distribution among 
the members and others. 

Joseph B. Walker offered several amendments to the by-laws, 
which were adopted. 

The corresponding secretary was invited to read such por- 
tions of the memorial of the Livermore family as he deemed 
best. v 

Captain Badger. U. S. A., was invited to read a paper on 
the Indians of the West. 

Adjourned to 2 o'clock p. M. 



Afterxoon. 

The society met according to adjournment, the president in 
the chair. 

The recording secretary being absent, Samuel C. Eastman 
was chosen secretary pro tern. 

The following persons were elected by ballot as 



PROCEEDINGS — ANNUAL MEETING. 37 

RESIDENT MEMBERS. 

Hon. Ezekiel A. Straw of Manchester, Levi Bartlett of Warner, 
and Joseph Wentworth of Concord. 

The vote amending the by-laws, passed at the morning ses- 
sion, was reconsidered, and then withdrawn. 

On motion of John J. Bell, the by-laws were amended as 
follows : 

In article I, section 1, by inserting after "standing committee," a 
committee on the library. 

Article II was amended so as to read, — 

Section i. The committee on the library shall direct the duties of 
the librarian, fix the times of opening the library, direct the arrange- 
ment of books, decide as to sales, exchanges, and binding of books 
and pamphlets, fix the price of our collections and the Provincial 
Records, and determine whether and on what terms books shall be 
taken from the library. 

Sec. 2. All books and manuscripts which shall be presented to the 
library, and every curiosity presented to the museum, when accepted 
by the society, shall be acknowledged by letter signed by the librarian 
and president. 

Sec. 3. Every present received shall be recorded, and an account of 
it rendered to the next meeting of the society. 

Sec. 4. All pamphlets shall be bound or kept in cases, except dupli- 
cates, which shall be kept by themselves, and triplicates shall be ex- 
changed ; and no work not a duplicate shall be sold or exchanged out 
of the library, and no duplicate, except by consent and direction of the 
committee on the library. 

Sec. 5. All manuscripts shall be distinctly marked and numbered, 
and kept in cases of paper, which shall also be numbered, and the con- 
tents of each registered. 

SEC; 6. A printed ticket shall be pasted on the inside of the cover 
of each book, signifying that it is the property of the society, and also 
the name of the donor, if it be a present. 

Sec. 7. No book, pamphlet, map, manuscript, newspaper, or other 
article shall be taken from the library or museum without the written 
order of a majority of the committee on the library, or by the publish- 
ing committee, for use in performing their duties. 

Article III, section 5, was amended by striking out "stand- 
ing committee," and inserting committee on the library. 

On motion of Mr. Walker, 






38 NEW HAMPSHIRE HISTORICAL SOCIETY. 

Resolved, That the committee having in charge the Bradley monu- 
ment and grounds be hereby directed to have the corners of said 
grounds marked by permanent stone bounds, and that such portions 
thereof be surrounded by a fence as they deem advisable, as soon as 
means are provided therefor. 

On motion of Mr. Stewart, of Concord, 

Resolved, That a committee of ten be appointed by the chair, whose 

special duty it shall be to solicit and collect, for the New Hampshire 

. Historical Society, old records and historic documents pertaining to 

the civil, military, and ecclesiastical affairs of towns and cities, the 

state or the nation. 

Messrs. C. F. Stewart and William Prescott of Concord, 
John J. Bell of Exeter, S. C. Gould of Manchester, William 
Badger of Gilmanton, Silas Ketchum of Bristol. Seneca A. 
Ladd of Meredith, Robert C. Mack of Londonderry, Levi 
Bartlett of Warner, and Howard F. Hill of Concord, were 
appointed the committee. 

On motion of John J. Bell, of Exeter, the thanks of the so- 
ciety were presented to Dr. Bartlett, of Epping, for the gift of 
surveyor's instruments. 

On motion of Mr. Walker, 

Voted, That a tax of $3 be hereby laid upon each resident member, 
and that any member paying in addition thereto $2, being the difference 
between the tax and the price of the sixth volume of the Provincial 
Papers, shall be entitled to a copy of that volume. 

Mr. Towne, of the committee to nominate officers, reported 
the following gentlemen for library committee, and they were 
elected : 

Joseph B. Walker of Concord, John J. Bell of Exeter, Samuel C. 
Eastman of Concord. 

Mr. Towne gave notice of the following amendment to the 
constitution, which he will move for adoption at the next annual 
meeting; — section 2 of article 11 of the constitution to be 
amended so as to read, — 

Sec 2. The society shall consist of resident, corresponding, honor- 
ary, and life members. Resident members shall be persons residing in 
the state of New Hampshire, and corresponding and honorary members 



PROCEEDINGS — ANNUAL MEETING. 39 

persons residing elsewhere. Any member may become a life member 
by the payment of fifty dollars, and shall ever thereafter be exempt 
from assessment. The money derived from life memberships shall be 
kept separate and apart from the other funds of the society, shall be 
denominated the life fund, and the income thereof only expended. 

The first two lines of the fourth article to read as follows : 

Sec. 4. Each resident member shall pay — . 

On motion of Mr. John J. Bell, 

Resolved, That the payment of a sum not less than fifty dollars shall 
constitute any member of the society, resident or otherwise, a life 
member thereof, and he shall thereafter be exempt from all annual 
assessments, including that of the current year : provided, that should 
this provision not be incorporated in the constitution at the annual 
meeting in 1S74, any money paid for life memberships before that time 
shall be refunded. 

On motion of Mr. Walker, 

Resolved, That Rev. Dr. Bouton, William B. Towne, and Ebenezer S. 
Towle be a committee to solicit life memberships of this society by 
the payment of the sum of fifty dollars for each, and that the money 
thus obtained be set apart as a general fund, the principal of which 
shall be forever kept intact, and the income thereof expended from 
time to time, and until otherwise ordered by the society, for the support 
of the library. 

On motion of John J. Bell, 

Voted, That a committee be appointed to procure an orator for the 
next annual meeting, and also to procure papers to be read at the other 
meetings during the year. 

Rev. N. Bouton, d.d., Hon. William L. Foster, and Joseph 
B. Walker were appointed the committee. 

Voted, That the president, with the advice of the standing committee, 
have authority to call special meetings of the society at such times and 
in such places in the state as they may deem advisable. 

On motion of Mr. Towne, it was 

Voted, That when the society adjourn, it be to the third Wednesday 
of September, at n o'clock a.m. 

Captain William Badger, U. S. A., then read a paper on 
the Western Indians. 



• 



^^.a^tl^^to.*^^ .-.^..^....^.itHii^iifc,,, f , ffttj 



40 NEW HAMPSHIRE HISTORICAL SOCIETY. 

On motion of Rev. Dr. Bouton, 

Voted, That the thanks of the society be presented to Captain Wil- 
liam Badger, U. S. A., for his interesting and valuable paper on the 
American Indians. 

Rev. Dr. Bouton then read a communication on the name of 
Kearsarge mountain, and extracts from a paper on the Liver- 
more family, by Arthur Livermore, consul at Londonderry. 
On motion of Rev. Mr. Lovering, it was 
Ordered, That the paper on Kearsarge mountain be printed. 

Hon. George G. Fogg made some remarks on the subject of 
a memoir of Hon. Meshech Weare. 
On motion, of Mr. Hill, 

Voted, That the several papers read be placed on file, and the secre- 
tary instructed to return thanks for the same. 

Adjourned. 






Dedicatory Address, 

BY JOSEPH B. WALKER, Esq. 
(See page 32.) 



Mr. President, Brethren of the Society, and Ladies and 
Gentlemen : 

When the good state of New Hampshire had been settled 
two hundred years, a conviction dawned upon the minds of a 
few among its most intelligent and choicest sons that the time 
had fully come to institute efficient measures for the preserva- 
tion of the wasting materials of its history, particularly of its 
early history. Our records were not, like those of Egypt and 
Nineveh, cut upon enduring rock, which, protected by the 
debris of fallen temples and the desolations of ruined empires, 
has preserved them for centuries and decades of centuries, 
even to this our day. They were but brief, at best, and, in- 
scribed upon scattered volumes and loose papers, were exposed 
to all the dangers of accident and neglect. Many, indeed, had 
already perished, and irrecoverably. But, for that reason, those 
which had escaped were, like the remaining books of the Sibyl, 
the more precious for being the last and only ones abiding. 

To secure the gathering, arranging, and preserving of these 
scattered leaves, thirty-one gentlemen, from different sections 
of the state, met at Portsmouth, on the 20th day of May, 1S23, 
and organized the New Hampshire Historical Society. It was 
only fifty years ago, and yet ours ranks in age as the fifth his- 
torical society in this country, — Maine, Massachusetts, Rhode 



5 *■ 



4 2 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Island, and New York being the only states that preceded our 
own in this good enterprise. In June (the 13th) following, the 
legislature endowed it with corporate powers ; and its first 
members located it at Concord, where it has ever since re- 
mained. 

A few }-ears only elapsed before the fact became apparent 
that a local habitation, as well as a name, was indispensable to 
its success. For a time, its books, manuscripts, and other col- 
lections were kept at the offices and houses of its officers. 
This arrangement, however, becoming impracticable, the stand- 
ing committee were directed u to procure some room" for the 
society's accommodation. In pursuance of this direction, ap- 
plication was made to the legislature in 1829, and the use of 
committee room Xo. 12, in the state house, was placed at its 
disposal. It was a small and low one, in the fourth story, and 
on the west side of the south wing. Here were gathered its 
library and other collections, and here were established its head- 
quarters. But the straitness of this apartment was soon pain- 
fully apparent, and a further application was made to the same 
body, in 1S35, upon a petition, signed by William Plumer and 
others, for an appropriation with which to erect for the society's 
use a fire-proof building. This proving unsuccessful, the 
year following efforts were made to secure means for this pur- 
pose by private subscriptions ; but these proved unavailing. 
The increase of the library had now become such as to render 
more extensive accommodations imperative, and, in 1S39, Slicn 
were found in the hall of Blazing Star Lodge, on Main street, 
and opposite the Phenix hotel. But, as this apartment was 
occupied in common with the fraternity of the lodge, the incon- 
veniences incident to a joint use were ere long manifest, and 
induced a second removal to the hall in the building of the 
Merrimack County Bank. This was made in 1S40, and here, 
where we are now assembled, our society has since found a 
home. The managers and principal stockholders of the bank, 
cognizant of its narrow resources and sympathizing in its 
efforts, gave to it the use of their upper story for the mere 
nominal rent of fifteen dollars a year ; and this, too, was called 
for at such times only as the condition of the society's treasury 
made convenient. But, in 1S66, the third charter of the bank 



DEDICATORY ADDRESS. 



43 



expired by limitation, and the present national banking act 
rendering its renewal undesirable, the close of its business 
impelled the disposition of its building. Then arose the pain- 
ful inquiry, "Where," upon this event, "shall the society find a 
new abode?" Its library had now grown to six thousand five 
hundred volumes. It had numerous collections, illustrative of 
our early history 7 . It had newspapers and pamphlets in un- 
counted numbers, and needed more spacious accommodations 
than it had ever had ; but it was as poor almost in money as it 
had been forty years before. Where now might it find a new 
shelter? This was a trying point in its history. But we are 
told that the thickest darkness precedes the dawn, and that 
there comes, ere long, a rift in the thickest clouds. And rich 
indeed the society now found itself in warm hearts and willing 
hands ready to aid it. At the very point of its extremity, and 
when its horizon was darkest, four of its old friends met, one 
afternoon in the winter of 1S6S-9, to devise, if possible, some 
means to remove its embarrassment and secure to it a perma- 
nent home of its own. Four subscriptions, of two hundred 
dollars each, subsequently increased by a fifth of equal amount, 
were then made towards the sum requisite for the purchase of 
this building, whose upper story it had occupied for nearly 
thirty years, and the whole of which its growing wants would, 
ere long, demand. This beginning of a thousand dollars, the 
hearty efforts of Dr. Bouton and some others more than trebled. 
With the money thus raised, this structure was purchased on 
the 9th of June, 1S69, and conveyed in fee simple to the 
society. 

It needed, however, important alterations to adapt it to the 
growing wants of our organization. To make it, as far as pos- 
sible, fire proof to all external risk, its side windows were 
removed and their openings filled with masonry ; its battle- 
ments were repaired ; and all parts of its roof, not previously 
thus protected, were covered with slate. Attention was next 
directed to the inside, and the second and third stories were 
converted into a single apartment, by a removal of all interior 
walls, together with the central part of the upper floor, the 
outer portions being left as a gallery. Upon both floors, alcoves 
of an aggregate capacity for twenty-one thousand volumes of 



44 NEW HAMPSHIRE HISTORICAL SOCIETY. 

medium octavo size were constructed, as now seen ; while 
the north and south walls of the gallerv were left, for the 
present, that they may be occupied by paintings. This ar- 
rangement gives us a library room 48 feet long, 30 feet wide, 
and 21 feet high. In the modifications thus made, two points 
have been prominent in the minds of those intrusted with their 
execution, — the first being safety from fire, and the second, gen- 
eral convenience. 

The lower story- remains undisturbed, and subject to such 
alterations as future necessities shall suggest. It contains four 
good rooms, besides a large stone vault for the safe keeping of 
particularly valuable papers, which is encased in brick, and 
furnished with doors of iron. 

It may be proper here to recur to the previous history of this 
building whicli our society has adopted as its home. The lot 
upon which it stands is a part of one of the original house-lots 
laid out in 1726 for the original settlers of Concord, and was 
assigned, in the distribution, to Jacob Abbot. Soon after the 
close of the Revolution it was purchased by Major Daniel 
Livermore, an ardent patriot, who entered the country's service 
at Bunker Hill as a second lieutenant in the first New Hamp- 
shire regiment, then commanded by Colonel John Stark, and 
followed the varying fortunes of the war to its close, remaining 
in the army until December, 17S3, when he resigned his com- 
mission and returned to Concord. 

In 1S06 the legislature granted to sixteen grantees, and their 
associates, the charter of a bank called the Concord Bank. At 
a meeting of these, held soon after for organization, differences 
of opinion arose in relation to its management and location, 
which resulted in their division into two parties, and the estab- 
lishment of two banks under one and the same charter, each 
claiming to be the Concord Bank established by the general 
court. And, what is not a little singular, both did a successful 
business under this one charter for twenty years, and until its 
expiration by limitation. The upper bank, as it was called, 
upon commencing operations, purchased of Mrs. Livermore the 
premises of her late husband, and occupied a portion of the 
dwelling-house then thereon as its place of business. Upon its 
first charter's expiration, in 1S26, a new one was obtained; 






DEDICATORY ADDRESS. 45 

and, under the corporate name of the Merrimack County Bank, 
the business was continued for forty years more, and until 1S66, 
when its third charter expired, and the bank ceased to exist, — 
the institution of national banks about that time rendering: 
banking under state laws unprofitable. At the commencement 
of business under the second charter, the bank, feeling; the need 
of more spacious accommodations than it had previously en- 
joyed, erected this building. It was an imposing edifice at 
that time. The bank retained for its own use the north half of 
the first story. For many years the New Hampshire Savings 
Bank in Concord, and the Merrimack County Insurance Com- 
pany, occupied the south half. The second floor was devoted 
to offices, — the register of deeds for Merrimack county, the 
selectmen of Concord, General Charles H. Peaslee, ex-President 
Pierce, Dr. Bouton, and others having from time to time occu- 
pied rooms upon this floor. The third story was used as a 
public hall until 1S40, since which time, as before remarked, it 
has been occupied by this society. Such, in brief, is the history' 
and title of our premises. The former is honorable, and the 
latter is perfect. In both we may rest content. 

Does any one ask, What has the New Hampshire Historical 
Society accomplished during these fifty years of its existence? 
In part answer to this question it may be said, that 

1. It has awakened and stimulated to activity an interest in 
our town and state history which was before either dormant or 
unborn. It has created in the minds of many individuals a 
taste for historical research, and an appreciation of the impor- 
tance of rescuing from oblivion and preserving the fast-fading 
traditions and records of our former years. As one evidence of 
this, I cite the fact that every one of our New Hampshire town 
histories, now numbering at least twenty-nine, and perhaps 
more, has been published since the establishment of this 
society. 

2. With very limited resources at its command, and with a 
corps of members almost all of whom have been men daily 
busy in the various pursuits of life, it has gathered an historical 
library, of moderate size indeed, as yet, but of great value, con- 
taining, as it does, books and manuscripts and pamphlets, 
many of which are rare, and some of them not to be found 



46 NEW HAMPSHIRE HISTORICAL SOCIETY. 

elsewhere. And hither, somewhat as to Mecca, historical 
pilgrims have been wont to come, not indeed to pray, 
but to work ; and yet, if the terse maxim of the old monks, 
"ILaborare est orare" be true, there has been prayer in these 
upper rooms during the three decades last past. 

3. Indeed, there has ever been in this society a body of men 
keenly alive to every historic good work and deed. When, in 
1S37, the state, awakened to the importance of caring for its 
early archives, was seeking an individual competent, both by 
temperament and education, to examine and systematically 
arrange in volumes its confused and wasting records, it here 
sought and found the man best fitted of all others within its 
limit for that important work. The skill and fidelity with 
which Dr. Farmer, then our corresponding secretary, performed 
this difficult task, are made evident by even a cursory examina- 
tion of the forty-five folio and two quarto volumes of early 
manuscript records by him arranged, and now found in the 
office of the secretary of state. Of all the numerous works of 
this eminent antiquarian, no one contributes more to his honor, 
or confers upon posterity a greater boon. And when, again, 
thirty years later, the state decided to advance another step and 
gather into printed volumes its provincial papers, in order 
that, by a multiplication of copies, it might not only secure 
their preservation, but also bring them within convenient reach 
of all having occasion to consult them, it again sought and 
found among our members a man, eminently prepared by 
natural endowments and education, to edit and superintend 
their publication. The ability with which our present cor- 
responding secretary, Dr. Bouton, is discharging the important 
duties of state historian, is abundantly attested by the six thick 
and closely printed volumes of original, and, for the most part, 
previously unpublished, provincial records and papers, already 
issued under his direction. It is greatly to the credit of the 
New Hampshire Historical Society that it has been able to fur- 
nish from the roll of its members, to the historic service of the 
commonwealth, two such men as Dr. Farmer and Dr. Bouton. 
And I cannot but embrace this opportunity to say that the 
intercourse between the state and this society has ever been of 
the most cordial character. The constant sympathy and occa- 



DEDICATORY ADDRESS. 



47 



sional pecuniary aid of the former have been of great conse- 
quence at times when, in addition to a general indifference to 
its work, the straitness of its resources has weighed heavily 
upon it. There are times, critical times, in the life of such an . 
organization, when a dollar is worth more than a dollar, and 
when even a small assistance results in permanent benefits 
which no mere pecuniary standard can measure. 

4. But the efforts of the society have been by no means re- 
stricted to the awakening of a taste for historic research, to the 
encouragement of the preservation of our early records, and to 
the establishment of an historical library. It has also prepared 
and published eight octavo volumes of original papers and 
manuscripts, most of which will be sought for in vain in any 
other publication. These, however, are but the commencement 
of a series whose continuation is certain, and the materials for 
which exist in abundance, and are at the society's command. 

Thus far have we gone, and thus much, certainly, have we 
accomplished. Fifty years are behind us ; how many before, 
we know not. We are sure that the fifty just completed have 
not been idle ones. No one can say to our brotherhood, as did 
the revelator to the old church of Sardis, — "Thou hast a name 
that thou livest, and art dead." As we glance backward through 
the vista of these receding years, it narrows by degrees to a 
small initial point, when the single volume I hold before you, 
the gift of Jacob B.Moore, and the first donation to the society, 
constituted its entire library, and when a taste for historical 
study was confined to half a score or less of individuals in all 
the state. But, as we glance forward from the position now 
occupied, the vista widens ; and what shall be the magnitude 
of the society's work when another generation fifty years hence 
meets to celebrate its first centennial, Omniscience only can 
reveal. 

Two important wants now press imperatively upon us : 

1. We need an immediate increase of our library. While in 
some departments it is tolerably full, and in that of congres- 
sional history quite so, yet in most it is greatly deficient. If our 
aim is to gather here an historical library worthy of ourselves 
and worthy of our state, there is much for us and for our suc- 
cessors yet to do. We need upon our shelves not only all the 



48 NEW HAMPSHIRE HISTORICAL SOCIETY. 

public and private papers and manuscripts which throw light 
upon our history and are within our reach, but a copy of every 
historical address, and every New Hampshire town history 
, already or hereafter issued. We must have full sets of the 
regular or occasional publications which contain the current 
history of the ecclesiastical, legal, medical, educational, agri- 
cultural, mechanical, and railroad movements in our common- 
wealth. We want, too, so far as they may be had, similar 
publications of other states, particularly of all the New Eng- 
land states. We cannot claim for our library even an approach 
to fulness, until it contains a copy of every state and United 
States history, as well as the works of the leading foreign his- 
torians. And who will secure and keep copies of the works of 
our native authors, the best possible material for the future bib- 
liography of the state, if we do not? We want, and can and 
must have, here within these walls, to be extended if need be, 
an historical library, full, and, so far forth as possible, perfect of 
its kind. And, that knowledge be not buried, let it be a free 
one, with no " Cave Canem" of doubtful import inscribed upon 
its threshold, but a generous " Salve" rather, upon every por- 
tal, to invite to its alcoves every true historic student of any 
state, and from every land. 

2. But, in order to condense this dream to the solidity of a 
practical reality, the regular services of an efficient librarian 
are indispensable, and at once. Through his efforts it may be 
effected, and, in a great degree, by exchanges of the volumes 
of our Collections and of the Provincial Papers at our disposal 
for works our library needs. Many persons, possessed of rare 
documents and books, would readily deposit them here, either 
as gifts or for safe keeping, if reminded of the opportunity; 
and many an author would gladly place upon our shelves a 
copy of his works. The resources at our command would 
suffice to double the number of volumes now on hand, if judi- 
ciously applied to that purpose. 

Yes, we have reached a time when the appointment of an 
active librarian can no longer be deferred. The great want of 
a new catalogue suggests it, an increasing public desire calls 
for it, the increase of our library asks for it, and its very preser- 
vation demands it. I trust, therefore, that you will pardon me 



DEDICATORY ADDRESS. 



49 



if I commend to your favorable consideration the subject of the 
librarian's fund, discussed somewhat at our last annual meet- 
ing, and suggest its immediate enlargement to such an amount 
as present exigencies require. 

Mr. President, and Gentlemen of the Society : The commit- 
tee to whom this building was intrusted a year ago for modifi- 
cations and repairs, having discharged the duty then assigned 
them, have directed me to remand it to you; and, with these 
keys, I now pass it into your possession. Located at the end 
of one half century and at the beginning of another, it stands 
between the two, a memorial of the point we have now 
reached, and the presage of a glowing future. 

As we proceed to dedicate it to the high purpose to which 
it is devoted, we naturally bethink ourselves of the founders 
of the institution whose home it is, and would fain leave to 
them this crowning of the work their hands, five decades 
since, began. But, alas ! they will not be here to-day to min- 
gle in the ceremonies of this hour. With a single exception, 
they have all exchanged the brief annals of time for the infi- 
nite periods of futurity. * Dr. Benjamin Abbot, the beloved 
principal of Exeter academy, and his accomplished assistant, 
Prof. Hosea Hildreth ; Nathaniel Adams, the annalist of 
Strawberry Bank, and Ebenezer Adams, of Hanover ; David 
Barker, of Rochester, and the Bartletts, Ichabod and James 
and Richard, a brilliant trio ; Peter Chadwick, of Exeter, 
energetic and enterprising ; Charles W. Cutter and Asa 
Freeman, both of Dover, and both good men and true ; the 
graceful scholar, Nathaniel A. Haven, Jr. ; John Farmer, 
eminent as an historian and genealogist both ; John Kelley, of 
Northwood, brusque and honest ; Alexander Ladd and Jeremiah 
Mason, one the intelligent merchant, and the other the Jupiter 
Tonans of the New Hampshire bar ; Stephen Mitchell, of Dur- 
ham ; Parker Noyes, of Salisbury ; Jacob B. Moore, of Con- 
cord, the able journalist and antiquarian ; Dr. Nathan Parker, of 
Portsmouth, eminent as a divine and beloved as a pastor ; Oliver 
\V. B. Peabody, of Exeter, the charming poet ; Andrew Pierce, 
of Dover ; the Plumers, father and son, of Epping, one dis- 
tinguished as a lawyer and statesman, and the other as a facile 
writer of prose and verse ; Rev. Israel W. Putnam, of Ports- 



50 NEW HAMPSHIRE HISTORICAL SOCIETY. 

mouth ; William Smith, of Exeter, and Judge Jeremiah Smith. 
his lather, as able as a statesman and jurist as he was noted for 
his scholarship and wit ; Dr. Bennet Tyler, president of Dart- 
mouth college ; General Timothy Upham, ardent and generous 
in his impulses ; and Levi Woodbury, the sound lawyer and 
incorruptible judge ; — these thirty of our first members, a lumi- 
nous galaxy and glorious, now all adorn another sky, and shine 
elsewhere. One only of the original number — George Kent. 
then of Concord and now of Washington city, the genial poet 
and accomplished gentleman — alone survives. Would that ours 
was the privilege of welcoming him here to-day, that we might 
hear from his lips the interesting, precise, and accurate account 
he would be grlad to srive us of the birth of our societv at Straw- 
berry Bank fifty years ago. But, although in this desire we 
cannot be-gratified, since official engagements forbid his pres- 
ence, we have the pleasure of knowing that he is with us in 
spirit. His heart is here ; and his muse, to whose smooth 
numbers we have so often listened, breathes in graceful lines 
his sympathy with this occasion. 

It is an impressive fact in the economy of Omniscient rule, 
that mortality attaches to every individual. Each one, having 
accomplished his life work, joins 

" The innumerable caravan that moves 

To that mysterious realm where each shall take 

His chamber in the silent halls of death," 

and which hastes not and halts not. But it is a consoling tact 
that a good man's works survive him, passing down through 
the ages to cheer and to bless. These fathers, now all gone, 
alas ! but one, have left behind them in this society a monument 
that will tower higher and higher as the decades and the centu- 
ries pass it by. Be ours, brethren, the noble ambition so to 
serve its high interests, that our names be remembered in its 
halls and written upon its tablets. 



DEDICATORY PRAYER. 

BY REV. NATHANIEL BOUTON, D.D. 

(Seepage 32.) 

Almighty Father, Lord of heaven and earth, we acknowl- 
edge thee as the author of our being, the giver of every good 
and every perfect gift. We thank thee for endowing us with 
reason and understanding, with conscience and memoiy, with 
will and affections of heart, and for making us capable of 
knowing, loving, and serving thee, and of being useful to our 
fellowmen in the various relations of life. 

As in all thy works above and around us, so we acknowledge 
thy hand in history : in the records of the past, in thy dealings 
with nations and individuals, we behold evidence of thy wis- 
dom, thy power, and thy goodness. 

We thank thee for the memories awakened by the occasion 
on which we are assembled ; for the early settlement of this 
commonwealth, and for the goodly heritage which has come 
down to us from the fathers ; — particularly we thank thee for 
the institution of the society whose anniversary we celebrate ; 
for the noble purposes, the worthy character, and the laudable 
deeds of its founders ; and for its steady growth and enlarge- 
ment during the past fifty years, in numbers, in resources, and 
in usefulness. 

We praise thee with grateful hearts to-day for the liberality 
which hath procured this edifice, and insured it to the use of 
the society, we trust, for years- and generations to come. 

Acknowledging the care and blessing of thy good provi- 
dence, we would humbly and thankfully dedicate this edifice, 
with all that appertains thereunto, to be henceforth and ever 
used for historic purposes ; for the gathering and storing of 

VOL. IX. ^ 



$2 NEW HAMPSHIRE HISTORICAL SOCIETY. 

books and records pertaining to the past and present ; for aids 
in the acquiring and diffusing of useful knowledge ; and for 
preserving and transmitting the blessings in this regard, which 
we enjoy, to those that shall come after us. 

Be pleased, Almighty Father, to accept this dedication at 
our hands. Let thy favor in the future as in the past crown 
our purposes and labors with success. If it please thee, guard 
and preserve this edifice, with all its precious historic treas- 
ures, from the devouring conflagration, and from all causes of 
essential injury. Impart fresh zeal and resolution to the mem- 
bers of the society, to prosecute the objects of it with energy 
and success ; if it please thee, raise up benefactors for its more 
liberal endowment, and for a wider diffusion of its benefits to 
the community around us, and to all mankind. 

Confiding in thy good providence in the future, we commit 
our ways unto thee. Encouraged and stimulated by the exam- 
ple of those who have preceded us, and have passed off the 
stage of life, — commending the only surviving one of the 
founders to thy benediction, — we humbly ask that grace maybe 
given us faithfully to serve thee and our generation according 
to thy will, and that at last we may receive the reward of good 
and faithful servants in thy kingdom, through thine infinite 
mercy in Jesus Christ our Lord. Amen. 



ODE 



Semi-Centennial Celebration of the New Hampshire Historical Society, 

AT CONCORD, N. H., MAT 32, 1873. 

IB "ST GEOBG-E KEITT, 

Only surviving member of the original organization. 



{Seepage 32.) 

History's muse anew is waking — 
Time's half-century is breaking 

O'er our old Historic band ; 
Through the granite of our seeming — 
Far beyond the poet's dreaming — 
Light and love are ever beaming — 

Heart to heart, and hand to hand. 

Fitting seems this festive season, 
"Flow of soul and feast of reason," 

For a cordial, warm embrace ; 
No sectarian disunion, 
But enlarged and free communion, 
Concord full, and perfect union, 

Well becoming time and place. 

Though our homes, of cliff and mountain, 
Boast of no Arcadian fountain, 

Nor Italia's sunny skies, 
Our past history assures us — 
While our hardy clime inures us — 
Man, the growth our soil secures us, 

As New Hampshire's richest prize. 



54 NEW HAMPSHIRE HISTORICAL SOCIETY. 

With our progress, great and glorious, 
Sadden'd memories come o'er us, 

Calling up a hallowed band ; 
Of the founders of our order, 
All but one have cross'd life's border, 
Meeting hence their just Rewarder, 

In a brighter, better land. 

As frail tendrils, intertwining, 
Force derive from their combining, 

Giving while receiving strength, — 
So may heart meet heart in feeling, 
Tenderest sympathies revealing, 
Till the work of love's annealing 

Perfect be in heaven at length. 

Then, in accents sweeter, stronger — 
Then in praises louder, longer — 

Each full heart shall vocal be ; 
Deepest diapasons sounding, 
Highest notes of joy abounding, 
Through heavens arches wide resounding — 

Chorus of Eternity ! 



REMARKS 

Of Col. Marshall P. Wilder, Col. Albert H. Hoyt, of Boston, 
Mass., and other Gentlemen. 

(See page 32.) 

Col. Marshall P. Wilder, of Boston, Mass., was introduced 
as a son of New Hampshire, and the president of the New 
England Historic, Genealogical Society, and responded as 
follows : 

Mr. President: I thank you for this kind introduction to 
the good people of my native state ; and I beg to assure you 
that I am most happy to be here, and to participate in the 
privileges of this interesting occasion. I am happy to be in 
New Hampshire again ; once more to inhale invigorating 
breezes from her mountain crests, although, perhaps, a little 
too easterly to-day ; once more to breathe the air of those fields 
where my ancestors lived and labored for many years. And I 
do assure you, sir, that I never return to New Hampshire, but, 
with the first sight of her granite peaks, my heart rises in grat- 
itude to my Heavenly Father that he permitted me here to be 
born ; here to be educated and nurtured ; here to be instructed 
and trained up in those principles of moral and religious obliga- 
tions, to which I am indebted more than to any other cause for 
anything which I may have done to promote the welfare of 
society or the happiness of my fellow-men. It is a trite re- 
mark, that "New Hampshire is a good state to emigrate from" ; 
but I confess, sir, I never understood the full import of those 
words, unless it be that by educational training she endows her 
sons with that industry, intelligence, and enterprise that qualify 
them to be useful, before she sends them out from the old home- 
stead. She cannot boast of a luxuriant soil, like that of some 
other regions. Her climate is cold and stubborn. But what- 
ever may be said of the infertility of the one, or the inclemency 
of the other, she has raised one product of which she may 
justly be proud, — her crop of men and women, who have gone 
forth from her schools, churches, and literary institutions to 
bless the world. Well may she rejoice. What they have 
already done in moulding the destinies of the American peo- 
ple will gild the page of our history with an increasing efful- 



56 NEW HAMPSHIRE HISTORICAL SOCIETY. 

gence. Time will not permit me to refer to the long roll of 
soldiers, jurists, scholars, clergy, and statesmen, whose names 
and deeds have graced the history of this state in the remote 
past ; but I cannot forget on this occasion the names of Web- 
ster, Woodbury, Pierce, and others, of our own time ; or of 
Greeley and Chase, whose names have been added so lately to 
her starred roll of deceased worthies. 

I rejoice, Mr. President, in the prosperity of your institution, 
and the good it has already accomplished. You have per- 
formed a good work ; but you have much more to accomplish. 
To you, sir, and your society, is committed the sacred trust of 
preserving and perpetuating the history of New Hampshire, 
and that of her sons, to the latest generation. 

I desire also to acknowledge the kind aid rendered by your- 
self and this society to the institution over which I have the 
honor to preside, and to tender you our hearty cooperation for 
the advancement of the objects of your society. 

Mr. President : I must not trespass on your limited time. 
Suffice it to say that it affords me great satisfaction to be here 
again, bringing up, as this occasion does, the reminiscences of 
bygone days, and rejuvenating the soul with a recollection of 
home, family, and friends, and those halcyon scenes of youth 
and early life, which no language can describe. In the words 
of the poet, applied on a similar occasion, — 

*' I feel the gales that from ye blow, 
A momentary bliss bestow, 
As waving fresh your gladsome wing, 
My weary soul ye seem to soothe, 
And redolent whh joy and youth, 
I breathe a second spring." 

The Hon. Edward Kent, of Bangor, Me., was called up. and 
responded with a very happy speech, saying that there were 
those who made history, who wrote history, and who perused 
historv ; and urged the importance of proving and preserving 
the facts of history. 

The Hon. W. H. Y. Hackett, of Portsmouth, declined to 
speak beyond saying that he attended the second meeting of 
the society- in Portsmouth, when he was a law student. 

The Hon. Geo. W. Nesmith. of Franklin, stated that in an 
original map of New Hampshire in his possession, Merrimack 



REMARKS OF VARIOUS GENTLEMEN. 57 

river was called Penacook river ; and spoke at some length of 
the importance of procuring town histories at once, before the 
early records and papers were lost. 

The Hon. Samuel T. Worcester, of Nashua, gave a fact in 
relation to Gen. Stark's report of the battle of Bunker Hill, as 
he found it when looking up the records of Hollis. Sixty men 
were in that fight from Hollis, eight of whom were killed ; but 
no record of this could be found in the state. 

William B. Towne, Esq., of Milford, also spoke of the im- 
portance of preserving town records, and especially of having 
those which are perishing copied and rebound. 

Gen. Natt Head, of Hooksett, su^orested that towns should 
have fire-proof vaults to preserve their records. 

Col. Albert H. Hoyt, of Boston, Mass., an honorary member 
of the society, having been called upon by the president, said, — 

Mr. Preside?it: As a native and former resident of this 
state, I am very much interested in its history, and in the pros- 
perity of our society, whose object and function it is to collect, 
preserve, and publish whatever may fitly illustrate the annals 
of the state and the lives of its leading citizens. Hence it is 
gratifying to see the evidence presented to us here to-day that 
our society has entered upon a new lease of life ; upon a career 
of enlarged enterprise and greater usefulness. This spacious, 
convenient, and appropriate building, now the property of the 
society ; these well-filled shelves ; and this large assemblage of 
ladies and gentlemen who have come together from different 
and remote parts of the state, testify to the prosperity of the 
society, and to the interest felt in its objects and in its work. 

The New Hampshire Historical Society has not been idle ; — 
it has not been content merely to collect a mass of books, man- 
uscripts, and relics of historical interest ; but, during its fifty 
years of life, it has published, at a very moderate cost to the 
public, a series of Historical Collections which are of great 
value, not only to citizens of the state, but to all everywhere 
who are interested in its history. 

In addition, it has encouraged, in various ways, the prepara- 
tion and publication of local or town histories ; and, if it had 
accomplished nothing more, the society would be entitled to 



5.8 NEW HAMPSHIRE HISTORICAL SOCIETY. 

great credit for the stimulus and steady support it has given: to 
the publication by the state of several volumes of its Provincial 
Papers. These volumes reflect great honor, not only upon the 
state for its wise liberality, and prudent care for its inestimable 
and fast perishing historical records, but, also, upon their com- 
piler and editor, our veteran corresponding secretary. 

Moreover, I do not doubt that the preparation and publica- 
tion of the military history of the state, begun and carried 
through under the administration of Adjutant-general Head, 
are due to influences flowing from this society. It is to be 
earnestly hoped that this military history, now scattered in 
several volumes of reports from the adjutant-general's office, 
may be collected and incorporated with our society's publica- 
tions ; and that the state may be induced to continue its publi- 
cation of Provincial Papers so as to include the revolutionary 
war. 

Still further : in reckoning up important results, we must not 
overlook the less conspicuous, but very valuable, labors of 
individual members, some of the fruits of which have ap- 
peared, from time to time, in the pages of the Histori- 
cal and Genealogical Register, which, for several years last 
past, I have had the honor to edit, as a " labor of love," and 
which has devoted a good deal of its space to New Hamp- 
shire history. One of the most important, and certainly one 
of the most interesting of these contributions, is the lcng-lost 
and much-sought-for Squamscott Patent, which was recently 
discovered, by our president, among the old files of the courts, 
in Exeter. 

It ought to be presumed, Mr. President, that the past and 
present labors of the officers and members of the society are 
duly estimated by the good people of New Hampshire, and that 
they will give a hearty and liberal support to its unselfish mis- 
sion and efforts in the future. But if, unfortunately, those labors 
are not rightly valued at the present time at home ; if it is true 
of them, as it is of your lofty mountains, that the observer 
must take his stand at a distance in order to appreciate their 
full proportions,— let me assure you, if that is any satisfaction, 
they are highly appreciated outside this state by members of 
kindred societies. 



ADDRESS OF CHARLES H. BELL, 



¥l\e ]\lew Samphire fli^torical $odiety, 

ON MAY 22, 1873: 

Being the Semi-Centennial Anniversary of the foundation 
of the Society, and the 250TH Anniversary of 

THE SETTLEMENT OF NEW HAMPSHIRE. 
(Seepage 33.) 



Just two hundred and fifty years have passed away since the 
first permanent settlement of New Hampshire by Europeans 
was begun. But long before that time, the harbors upon our 
coast had been familiar to the mariners who yearly ranged the 
shores of the new world for the spoils of the sea. and who 
made the acquaintance of the red men by bartering with them 
the trinkets of transatlantic workmanship for the rich furs 
which they captured in the forest. Thus the capabilities of the 
country lying near the coast, and the character and disposition 
of the native tribes, were well understood, and the first immi- 
grants to New Hampshire were fully apprised of the priva- 
tions and hardships which they were to encounter. They 
knew full well that the virgin treasures of the land were only 
to be won by those who combined the bodily vigor with the 
resolute will to brave the frosts of winter, and to endure un- 
repiningly the want of a thousand accustomed comforts, and 
the absence of friends and congenial society. But with this 
warning fully impressed upon their minds, they did not hesi- 
tate to cast their lot in the remote wilderness. They were 
attracted hither by the hope of bettering their fortunes, though 
to many of them the love of novelty and adventure was, doubt- 
less, an additional incentive. The same motives have ever 



6o 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



since impelled the hardy pioneers of each successive generation 
of our countrymen to carry farther and still farther westward 
the woodman's axe that heads the march of emigration, until 
at length the broad expanse of the primeval forest is narrow- 
ing to a fringe, through which the beams of the declining sun 
can almost penetrate. 

As was to be expected, our early colonists were men of 
action ; in great part, hardy fishermen and lumberers. The 
waters and the forests, for many long years, yielded them their 
only resources, and purchased for them in foreign parts the 
necessaries and the scanty luxuries of which their imperfect 
agriculture and want of skill in the industrial arts left them 
destitute. It was not the place nor the life for drones or 
dreamers ; men of thews and sinews, possessors of robust 
common sense, were the only class who could hold their own 
in such a campaign against the ever rallying forces of nature. 
And yet those stalwart pioneers, who abandoned the thousand 
endearments of social life in the old world, and carved out for 
themselves homes in the rudest depths of the wilderness, mani- 
fested qualities of character which we, in the full light of the 
present age, enjoying the fruits of a wider experience and 
higher cultivation, cannot but admire and be proud of. 

Their sense of justice in all their dealings with the aboriginal 
inhabitants is evidenced by the friendly understanding on which 
they lived side by side with them for half a century, and until 
other parties and other interests aroused the hostility of the 
eastern tribes against the whole body of the white settlers. 
Circumstances, which need not be particularized here, have 
unfortunately caused the loss and destruction of the greater 
part of the records and documents of the primary period of 
the history of New Hampshire ; but there is abundant evi- 
dence still surviving, to show that every rood of land occupied 
by the white men for a century after they sat down at Pascata- 
quack, was fairly purchased from the Indian proprietors and 
honestly paid for. 

The early occupants of this soil were singularly free from 
religious bigotry. The age they lived in was fruitful of dog- 
matism and persecution, but fortunately no fanatical zeal ever 
characterized our people. One division of the first permanent 



ADDRESS OF CHARLES H. BELL. 



61 



company who planted themselves here belonged to the Church 
of England ; yet non-conformist clergymen, in whatever stand- 
ing with the ruling theology of the Massachusetts Bay, found 
no hindrance to their ministrations here, with one memorable 
exception,* for which the people were in nowise responsible. 
And when New Hampshire had gravitated into substantial 
accord with the other colonies of New England in her theologi- 
cal views and church polity, it is pleasant to remember that 
despite the cruel intolerance of the time, no persecutions to the 
shedding of innocent blood were carried on in the name of 
religion on this soil. Neither Anabaptist nor Quaker was 
ever driven to give that crucial evidence of the steadfastness of 
his faith in New Hampshire. There has come down to us a 
tradition of a single instance of the infliction of violence in 
this province for heterodoxy, and that was under the law of 
Massachusetts ; for New Hampshire, as a separate government, 
never authorized such a penalty. The punishment in that case 
was cut short by the interference of a person who afterwards 
made none too creditable a figure as a royal governor of New 
Hampshire. f But Walter Barefoote deserves to have that one 
act of mercy, so far in advance of his generation, set down to 
his credit, in characters of living light. And when the delu- 
sion concerning witchcraft, only a score of miles away, was 
hurrying men, eminent for their learning and piety, into the 
commission of the most deplorable and fatal errors, we recall 
with thankfulness the fact that in the few accusations for that 
offence which were prosecuted in this province, not one reached 
a tragical conclusion. On the other hand, the records inform 
us that, in 1669, Goodwife Walford, who had been traduced by 
the charge of being a witch, boldly brought her defamer into 



*Gov. Edward Cranfield, in 1633, instituted a prosecution against Rev. Joshua Moodey, of 
Portsmouth-; for refusing to administer the sacrament according to the mode of the Church 
of England, as required to do by the governor's order. But Cranfield was not sustained by 
the people, and at last became so obnoxious to them that he fairly abandoned the province. 

1 .V. H. Provincial Papers, 4S2, 5S5. 

t In 1662, Richard Waldron ordered three Quaker women to be led at the cart's tail 
through New Hampshire and Massachusetts, out of the jurisdiction, and whipped in each 
town. Walter Barefoote, by a pious stratagem, obtained the custody of the women, in 
Salisbury, and saved them from further cruelty by sending them out of the province. 

1 N. H. Provincial Pa/c-rs, 243. 



62 NEW HAMPSHIRE HISTORICAL SOCIETY. 

court to answer for the slanderous words, and actually suc- 
ceeded in casting him in damages.* 

Another characteristic of the New Hampshire colonists 
was their resolute assertion and maintenance of their rights, 
against the encroachments of cupidity and power. Their 
trials were far from over, when the wilderness had been sub- 
jugated, homes constructed, and order established. New diffi- 
culties and dangers then menaced them, not less formidable 
than those which they had happily surmounted. They were 
threatened with absolute ruin in the loss of their homesteads 
and entire landed property. The heir of the original patentee 
of New Hampshire had now acquired such influence at the 
British court as to procure a separate administration to be set 
up for this province, with the avowed purpose of asserting and 
enforcing his title to all the lands embraced within its limits. 

If we could put ourselves in the place of the dismayed 
inhabitants, we could form a conception how unjust and odious 
this claim appeared to them. They had heard of John Mason, 
the patentee, as the person to whom this territory had been 
granted, under the authority of the king of England, two gen- 
erations before. The land they believed to have then been worth- 
less, and to have cost him nothing, his object in procuring the 
title being the hope of profit by setting up fishing and trading 
posts under it, and by the discovery of precious metals. They 
understood that after considerable sums had been expended by 
the patentee, and by his widow after his decease, in establish- 
ing agents here and in exploring the country, without any 
adequate returns, the scheme was abandoned as a failure ; and 
this when next to nothing had been done for the purpose of 
bringing the soil under cultivation, or promoting its occupancy, 
or otherwise making it of worth. 

On the other hand, their fathers had purchased the lands 
they lived on from the native proprietors, when there was no 
other claimant to the ownership known, and had settled upon 
them in the honest and apparently well founded belief that 
their occupation could never be disturbed. They had erected 
commodious dwellings, and tamed the savage forest into arable 



* i N. H. Provincial Faj>ers, 219. 



; 



ADDRESS OF CHARLES H. BELL. 



63 



fields, by the expenditure of their own labor and means, and 
had thus given to the soil all the value which it possessed. 
The estates so improved and enriched had, in many cases, de- 
scended from father to son, or been sold and resold for a full 
and valuable consideration. Under these circumstances, for 
the occupants to be ousted from their hard-earned property by 
the descendant of the first grantee, with a mere paper title, 
and so little equitable claim of any kind, but especially to the 
betterments which represented the industry and skill of the 
colonists, would have seemed a bitter injustice, if done fairly 
and by due course of law. But when, to enforce his oppres- 
sive demand, the claimant was powerful enough to fill the 
•chief offices of the province with interested partisans, and 
•bring the trial of his ejectments before a packed and subservi- 
ent jury, is it wonderful that the patience of men, whose all 
was at stake, became exhausted? 

The final decision of the great test-suit between the repre- 
sentatives of the patentee and the representatives of the people* 
has been made the subject of unmerited obloquy. The lawyer 
of our day, who reads the still existing records, will hesitate 
long to deny that the defence set up by the landholders was a 
legal and substantial one ; and this irrespectively of the validity 
•of the Wheelwright Indian deed of 1629, which added nothing 
to the strength of the defendant's case. If that instrument 
was forged, as has been broadly asserted, to be used as evidence 
in that suit, it was surely a very supererogatory piece of crimi- 
nality. The claimant failed to establish his case by reason of 
the weakness of his own title, and not on account of the 
strength of that of his adversary. The steadfast resolution 
with which two successive panels of New Hampshire jurors, 
in defiance of the illegal restriction which the order of the 
British queen in council attempted to lay upon their powers, 
vindicated their constitutional prerogatives by their verdicts, 
was a fitting sequel to the proceedings, and strikingly exhibited 
the sturdy spirit of our fathers in upholding their birthright, 
and in resisting the demands of arbitrary power. 



* The case of Allen v. Waldron, the record of which is given in full in 2 N. H. Provin- 
cial Papers, 514, et seg. 



6 4 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



The spirit of liberty, which had always a place in the hearts 
of our New Hampshire fathers, was aroused as the crisis of 
resistance to the power of Great Britain drew nigh. It was 
not that our province had any special material grievance to 
complain of; on the contrary, our industries were little affected 
by any acts of the mother country. She had neither sent sol- 
diers to overawe us, nor foreign or hostile officials to rule us. 
With a royal governor born and reared on our own soil, inter- 
ested in the prosperity and happiness of the people, and, though 
faithful to his sovereign, a wise and friendly exponent of his 
will, New Hampshire made common cause with her sister 
colonies in opposition rather to the principles than to the prac- 
tice of tyranny. But, her hand once put to the plow of resist- 
ance, she looked not back. One of the earliest armed out- 
breaks of the people to put down the royal authority was that 
of the patriots of New Hampshire, when they seized and car- 
ried away the arms and ammunition of Fort William and Mary, 
in the harbor of Piscataqua,* to be used months afterward, 
against the forces of the king, in that battle which first gave 
them a wholesome respect for the prowess of the provincials. 
The first formal constitution adopted in the revolted colonies 
was that formed and approved by New Hampshire, on the fifth 
day of January, 1776. The earliest known suggestion on the 
subject of independence, by an organized body, is found in a 
letter written by order of the New Hampshire Convention, 
which was read in the Continental Congress, on the second 
day of June, 1775. f With what self-denial, courage, and con- 
stancy our state performed her part, and more than her part, 
in the memorable contest that gave to the coming millions of 
American citizens the birthright of freedom, the pages of his- 
tory, unfortunately yet unwritten, we trust will one day fitly 
relate. 

It was, in great part, to rescue from oblivion the memorials 
which still survived of our predecessors on this soil, and of 
what they effected during the first two centuries after its coloni- 
zation, that the New Hampshire Historical Society was organ- 






* December 14 and 15, 1774. 

f Frothingham's Rise of the Republic of the U. S., 421, 422. 






ADDRESS OF CHARLES H. BELL. 



65 



ized fifty years ago. It was deemed fitting that so important 
an anniversary should be observed in some peculiarlv memora- 
ble fashion ; and, therefore, in addition to the literary and 
festive exercises usual on such occasions, an auspicious begin- 
ning was made of a permanent association for historical re- 
search ; — a monument to the memory of our fathers which, we 
would fain believe, shall outlast the marble, and bearing in- 
scriptions in their honor which the lapse of ages shall never 
dim, but, rather, deepen and extend. 

The original members of this society were thirty-one in 
number. We cannot, after the expiration of half a century, 
read over the list of their names without being profoundly im- 
pressed with a sense of their uncommon learning and ability. 
Some of them died in early life, and never acquired the honors 
that would later have been at their disposal ; but the number 
of governors, senators, and representatives in congress, doctors 
of divinity and of laws, and historical writers of no ordinary 
repute, whom the residue of that little company furnished, is 
something surprising. It would be no easy task, at this day, 
to assemble, from the largest state in the union, an equal num- 
ber of men of like eminence and promise, to engage in an 
enterprise of this character. 

Of the primitive thirty-one/but a solitary individual* survives 
to witness the fiftieth birthday of the society. Fortunate in 
the enjoyment of mental and bodily health, he has to-day 
afforded us auricular, if not ocular, demonstration that his 
venerable years have neither withered his sympathies nor ob- 
scured his powers. He is the connecting link between the 
infancy and the manhood of our society. We trust that time 
will long continue, as heretofore, to deal gently with this our 
last representative of the founders. 

Of those who have been the most efficient supporters of the 
society, there are a few names that it would be inexcusable not 
to mention on this occasion. 

William Plumer was one of the projectors, and the first 
president of the society. Endowed with a natural fondness 
for literary and antiquarian pursuits, he bestowed much atten- 

* The venerable George Kent, Esquire, now of Washington, D. C. 



k&)jdm*i*m**^^«Mi&^ 



^Aluhi- ,i« «i .^t-iinm. mitrfi,- 



i l ».«»».ftf|r.ii«fc 



-J 



66 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



tion upon them during a large portion of his long life. He 
collected a great number of documents relating to the state 
and the nation, — a work for which his long experience in high 
official positions, and his acquaintance with men of eminence 
and literary habits, gave him peculiar facilities. At the forma- 
tion of the society he was past the prime of life, and in such 
slender health that he never visited the capital of the state 
after the occasion when he took the presidential chair. He 
contributed to the first volume of the society's published Col- 
lections, and made to the library a handsome donation of de- 
sirable books and manuscripts. He retained through life his 
interest in the society and its work ; but his age and the state 
of his health inclined him to prefer that his son, William 
Plumer, Junior, should be the active representative of the 
name in the society. The latter had also been in public life, 
and possessed a cultivated literary taste. He was one of the 
publishing committee of the first two volumes of the Collec- 
tions, and afterwards held the office of president. In 1S53, he 
delivered the annual address, a production of much merit, 
which has recently found its way, somewhat irregularly, into 
print. 

John Farmer, also an original member, was one of the pillars 
of our society. Fourteen years in succession he faithfully dis- 
charged the duties of corresponding secretary, and he was on 
the editorial board of four of the volumes of Collections, all of 
which contained articles from his pen, and one was wholly 
compiled by him. Mr. Farmer was one of those persons who 
seem endowed by nature with an aptitude for historical investi- 
gation. At an early age he had made himself widely known 
by his ardor and attainments in that line of study, and they 
literally grew with his growth. With bodily health so infirm, 
that, though a resident of the town where the meetings of the 
society were held, he was not able to attend them more than 
once or twice during the whole term of his membership, yet 
his performance of his official services by letter was punctil- 
iously complete ; and such were his industry, method, and ab- 
sorbing devotion to historical and antiquarian studies, that he 
had accomplished an amount of pains-taking and conscientious 
work, when the frail thread of his life was broken in his forty- 



ADDRESS OF CHARLES H. BELL. 



67 



ninth year, which any man might be proud to look back upon 
after a long lifetime of labor. 

The name of Jacob Bailey Moore is naturally associated 
with that of Mr. Farmer, as they were colaborers in more than 
one literary and historical enterprise. Their tastes were in 
many ways congenial, but the firm health and the active and 
social temperament of Mr. Moore alike forbade him to fall into 
the secluded habits of his friend. He was the proprietor and 
editor of a political journal, and his employments led him to 
make repeated changes of residence, but his popular and genial 
manners insured him friends wherever he went. He was one 
of the planners and original members of the society, and served 
upon the publication committee of two of its volumes, and as 
librarian. While he continued an inhabitant of the state he 
rendered yeoman service to the society, and through life his best 
wishes always went with it. The articles from his pen occupy 
no small space in the Collections, and are uniformly marked by 
a spirit of candor, and by careful and thorough investigation. 

Richard Bartlett was connected with the society from its 
inception, and officiated upon the standing committee, and the 
committee of publication of two of the volumes. He was 
immersed in active employment, as secretary of the state, a 
practising lawyer, and a journalist ; but he was a warm and con- 
stant friend of the society, and lost no opportunity to further 
its designs and add to its means of usefulness. Almost the 
last work of his life was the preparation for the society of 
an elaborate paper on the preservation and keeping of public 
archives, embracing a great amount of information which he 
had diligently brought toget er, accompanied by his judicious 
comments, which was published in one of our volumes, and in 
a separate form. At his death, he bequeathed to the society 
his own library, embracing works of sterling worth, a portion 
of that of the late Nathaniel Peabody, of revolutionary note, 
together with a respectable collection of manuscript letters. 

Samuel Dana Bell was one of those consulted with regard 
to the formation of the society, though he did not join it till it 
had been three years in operation. Throughout his life he 
habitually appropriated a share of his time to historical study, 
in addition to the constant performance of his professional and 

VOL. IX. 6 






■ 
68 NEW HAMPSHIRE HISTORICAL SOCIETY. I 

official avocations. His interest in the society was earnest and 
unceasing. He held the office of president, and served in 
various other official capacities. He pronounced a carefully 
prepared annual address, and contributed papers, which be- 
spoke his perfect familiarity with our early history, to the Col- 
lections. There came a period of business depression early in 
the society's existence, when its continuance was imperilled by 
serious pecuniary embarrassment. Without instant relief, the 
results of years of labor were liable to be undone. Mr. Bell 
assumed the pecuniary burden unaided, and carried it till the 
dawn of better times. It is not too much to say that but for 
his earnest friendship and constant cooperation, the society 
could never have attained its present position and repute. 

Time will only permit me to make the briefest mention of 
other members who have contributed in an especial manner to 
the progress and fame of the society. Levi Woodbury, the 
occupant of many responsible official positions, state and 
national, who was the second president of the society, was 
deeply concerned in its purposes, and delivered a valuable 
annual discourse. Ichabod Bartlett, the eloquent adocate, in 
the foremost rank of the profession when the bar of New 
Hampshire was at its culmination, was the third president, 
and a contributor to the Collections. Next succeeded to the 
chair Salma Hale, an accomplished writer and scholar, and a 
pioneer in one department of school literature. His history of 
the United States was truly an educational classic, and long 
retained its estimation with the successive generations of the 
young, and, more singular still, was repeatedly republished 
abroad. Mr. Hale sympathized warmly with the objects of 
the society, and more than once lent his pen to its aid. Charles 
Humphrey Atherton, who worthily wore a name noted for 
three generations in our annals, was also numbered among the 
presiding officers. He was distinguished by his taste for let- 
ters and his habits of investigation, and his hand is repeatedly 
discernible in choice contributions to our printed volumes. 
Chandler Eastman Potter was also an occupant of the presi- 
dential chair, and earnestly solicitous for the welfare and stand- 
ing of the society. He was a diligent laborer in the field of 
local history, and has laid an admirable foundation for the 






ADDRESS OF CHARLES H. BELL. 69 

compilation of our military annals. His acquaintance with 
the antiquities of our region, and the manners, language, and 
policy of the Indian tribes, was exceptionally full and accurate. 
John Kelly was for the first eight years recording secretary of 
the society, and in full and warm accord with its designs. He 
is known to antiquarian students by his numerous sketches, 
genealogical and biographical, of the early personages of the 
province, which, in addition to their fidelity to truth, were en- 
riched with a genial humor none the less effective because 
sometimes wanting in that class of writings. Nathaniel Apple- 
ton Haven, Junior, the first corresponding secretary, and one 
of the projectors of the society, was a cultivated scholar, as 
well as an ardent student of history. The selection of Mr. 
Haven to prepare the address on the two hundredth anniversary 
of the settlement of New Hampshire was a deserved tribute 
to his gifts and attainments, — as was the assignment of the 
poem on the same occasion to Oliver William Bourne Peabody, 
a kindred spirit. Isaac Hill, one of the most vigorous and 
influential writers of his day, who cherished a regard for every- 
thing that promised advantage to the state, found time, in the 
busiest period of his active life, to serve upon the publishing 
committee of two of our volumes. Nathaniel Adams and 
Hosea Hildreth were the earliest members of the standing 
committee, and were both distinguished in the paths of histori- 
cal letters. The " Book for New Hampshire Children," com- 
posed by the latter, was long a favorite manual in our common 
schools, and if it were reissued, and brought up to our own 
times, would supply a real need in the present course of studies. 
The names of James Freeman Dana, Nathaniel Gookin Upham, 
Charles Burroughs, William Cogswell, and other deceased 
prominent officers and members, crowd upon my pen, and I 
regret that space does not permit me to allude to them further. 
I forbear, for obvious reasons, to mention in this connection 
any persons now living. Were I at liberty to do so, it would 
appear that the most efficient friends and benefactors of our 
association are not all numbered with the dead. It will re- 
main for some future chronicler to do justice to the historical 
attainments, liberalitv, and willing personal service of our 
present members, which have been happily instrumental in 



70 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



placing the society in the prosperous and encouraging position 
which it to-day occupies. 

The results which our society has accomplished, in a life of 
half a century, we may contemplate with a degree of satisfac- 
tion which should cheer us on to continued efforts. It is of 
course impossible to weigh or to measure the influence which 
it has exerted in behalf of the acquisition of thorough and 
exact historical information, not only among its members, but 
reflectively throughout the community ; though there can be 
no question that this has been wide spread, and of lasting ben- 
efit. But there are visible and tangible fruits of its operations 
which demand a brief enumeration. The society has brought 
together a library of works for study and reference, for the 
furtherance of the objects of its constitution, consisting of more 
than six thousand bound volumes, and twice that number 
of pamphlets ; beside a very considerable quantity of news- 
papers and manuscripts, Indian, provincial, and revolutionary 
relics and curiosities. These collections contain many works 
and objects which are rare, and some unique, bearing upon 
and illustrating the history of our country, and New Hamp- 
shire in particular. Their great value and local importance, 
and the utter hopelessness of even approximately replacing 
them in case of their destruction, have led to a determined and 
persistent effort, within a few years past, to put them within a 
secure shelter of which the society should be the proprietor. 
The exertions of several members having the interest of our 
society much at heart, among whom it is only just that our able 
and zealous corresponding secretary* should receive special 
mention, were unsparingly bestowed upon this weighty under- 
taking. At length, by the generosity of our members, and of 
the sons of New Hampshire at home and abroad, the desirable 
object has been effected, by the purchase and adaptation of the 
handsome, commodious, and secure structure to which you 
have been so appropriately welcomed this day. The New 
Hampshire Historical Society is now a freeholder. And no 
longer are its doors to remain inhospitably closed, but the 
library and accumulations from this time forward are to be 
kept open and accessible to all who choose to visit them. 



* Rev. Nathaniel Bouton, d. d. 



ADDRESS OF CHARLES H. BELL. 



71 



The society has already issued eight substantial octavo vol- 
umes of historical collections, relating principally to New- 
Hampshire, and comprising old public and private records, 
copies of scarce and out-of-the-way tracts, throwing light upon 
our early affairs, histories of towns, statistics, biographical 
sketches, and the like. A great part of this invaluable matter 
was prepared for the press upon the request of the society, and 
many of the materials would have been irretrievably lost had 
they not been preserved by the care and foresight of our 
associates. Nor have these publications been lightly regarded 
by those for whose use they were intended. They take rank 
with the best productions of their class. High prices have 
attested the estimation in which they are held, and the ex- 
hausted editions and continued demand for some of the series 
have compelled the society to reprint two of the volumes ; a 
compliment which will have ere long to be paid to others. 
The materials for the continuance of these publications are not 
wanting, so much as the funds available for the purpose. They 
will soon be renewed, and will be found to decline neither 
in interest nor in value. 

. In view of the results thus briefly outlined, we have no cause 
to be ashamed of the manner in which our society has thus far 
fulfilled its mission, as set forth in the constitution, — "to dis- 
cover, procure, and preserve whatever may relate to the natural, 
civil, literary, and ecclesiastical history of the United States, 
and of this state in particular." 

Our society has now passed the critical stage of its existence. 
It has encountered and mastered obstacles which, in the nature 
of things, can probably never present themselves again. The 
period when it was a novelty and an experiment is over ; it is 
now a fixed institution, and an assured success. Its rare lit- 
erary possessions, its proprietorship of a commodious hall, the 
roll of its members, the work it has executed, and the prestige 
it has acquired, are all proofs of its stability, and pledges of its 
future prosperity and usefulness.. 

The work which falls to its lot is of a nature which does not 
admit of completion. As long as to-morrow shall take the 
place of to-day, and to-day that of yesterday, so long are time's 
changes to be recorded, and so long will the demand for our 



72 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



labors never cease. To gather the materials of history will 
always be one of our chief employments. We are not to be 
content with heaping our shelves with portly tomes, the works 
of toil and erudition. They may hold the places of honor, but 
they are at best but the echoes of the original speech of events. 
It is the fashion of our time not to take facts at second hand. 
The authority of even the greatest names is not implicitly ac- 
cepted. Incredulous inquirers go behind every ex cathedra 
dictum to examine and weigh the evidence on which it is based. 
Old blunders are exposed ; the estimation in which men and 
their acts were wont to be held is reconsidered, and the verdict 
of the historian is not unfrequently set aside. Those who 
assume to instruct the world, no longer dare to trust to the 
results of others' researches ; they must needs go back to the 
original fountains of information. Every symmetrical store- 
house of historical materials, therefore, must supplement the 
elaborate productions of the annalists with every attainable 
species of contemporaneous evidence. 

There is literally no product of the press or of the pen that 
cannot be made tributary to the historian's purpose. The 
lightest bagatelle that springs from the fancy of an hour is as 
truly the material of history as the ponderous record, imposing 
in its dignified formality. It is true that, while the latter im- 
ports indisputable verity, the other may be obviously amplified 
to the last degree of exaggeration. Yet both alike convey 
the truth to him who reads them aright. Nay, the less pre- 
tending statement is not seldom more trustworthy than the 
stately manifesto which has been dressed up for the public eye. 
Our greatest national historian, when challenged for doing less 
than justice to some of the prominent characters of the Revo- 
lution, has rested his vindication not so much on the public 
official documents, as on contemporary unpublished memoranda, 
letters, plans, and chance allusions of eye-witnesses, — evidently 
believing that from such unvarnished expressions of the senti- 
ment of the hour a juster opinion of the men and their conduct 
is to be formed than from more elaborate and sophisticated 
authorities. 

While history is thus indebted for its truthfulness to the less 
pretending walks of literature, they have a special value in 












ADDRESS OF CHARLES H. BELL. 



73 



imparting to it its picturesque and lifelike aspect. By the 
judicious chronicler, the brightest and most distinctive reflec- 
tion of the times he delineates is often borrowed from the trifles 
which, in their day, were deemed of smallest note, — the artless 
relations of unlettered men, the freedoms and confidences of 
private correspondence, the quips and caricatures born of an 
idle whim. Not seldom furnishing the clue to nice discrimina- 
tions of character, they are always faithful exemplars of the 
manners, and redolent of the genuine spirit, of their times. 
While the warp of history may be drawn from the starched 
and formal registers, its woof must be fashioned of slighter 
and more motley stuff, to bring out the quaint patterns and 
significant designs through which the true genius and character 
of the age look forth. 

The vexatious experience of every one who has undertaken 
an exhaustive search for the literature pertaining to any subject 
has taught him that, while the elaborate works are compara 
tively easy to procure, the difficulty of the pursuit increases in 
proportion as the productions are trivial, slight in dimensions, 
and ephemeral in character ; broadsides and the like weaklings of 
the press being only obtainable after the most pertinacious chase. 
Few persons have any care to preserve the smaller memorials 
of things passed. Absorbed in the occupations of the day and 
the cares of the morrow, they abandon to their fate the exuviae 
of every event the moment it ceases to be uppermost in their 
attention. 

It is not unfortunate for the cause of knowledge that there 
exist a small but not unobservant class in the community, 
who, from pure love to keep green the memory of the persons 
and things bygone, exercise a protecting care over the waifs 
which help to a just understanding and appreciation of them. 
Everything written, printed, pictorial or anywise descriptive, 
which falls in their way, they carefully preserve. Mementos, 
which have the flavor of unmistakable antiquity, are their 
chiefest trophies. But they do not disdain to store up the 
cast-oft' rubbish of to-day, because their discernment teaches 
them that it may become a valued memorial in another genera- 
tion. But for the indefatigable industry of these thoughtful 
guardians of the abandoned bantlings of letters, historical 



74 NEW HAMPSHIRE HISTORICAL SOCIETY. 



. 



societies would be destitute of many of their most interesting 
accumulations, and the works of historians would lack much 
of the savor which gives them their piquancy and verisimil- 
itude. 

The materials which may be made available for the illustra- 
tion of New Hampshire history, thus seen to be varied in their 
character, will be found to be confined to no narrow range. 
Our province in the early time was so closely associated with 
other divisions of New England, that whatever illumines the 
one,- necessarily throws light upon the other. In later years 
our state history is, in like manner, interwoven with that of 
the country at large. The field for our gleaning is as broad as 
the boundless continent itself. 

Our society has now its representatives so widely scattered, 
that none of the- papers and documents, whether mouldering 
in the garrets of old mansions, promoted to the collections of 
tireless antiquaries, or preserved in some other eddy in time's 
ceaseless stream, which would contribute to the objects of our 
association, ought to be suffered to miss their way, sooner or 
later, to our archives. Among those whom interest or curiosity 
shall draw to our library, it will be strange indeed if some 
shall not be reminded, bv the value we attach to the memorials 
of by-gone times, to rescue from their forgotten hiding-places 
historic materials, that would have else perished without a 
thought. Our fire-proof chambers can hardly fail to tempt the 
possessors of highly prized hereditary documents, anxious for 
some place of secure deposit and ready access, to intrust them 
to our custody. It is not to be forgotten that in our quest, as in 
all others, nothing is so successful as success. The possessor of 
ten profitable talents becomes naturally the centre to which all 
unimproved single talents tend. 

But there are higher and more important duties devolving 
upon our society. We cannot shut our eyes to the fact that 
but a small proportion even of educated persons manifest an 
inclination for the studies of history, sufficient to induce them 
to borrow time for its gratification from their business or their 
amusements. And particularly is this noticeable in a small 
state like our own. It is not because of a natural indifference 
in men to a knowledge of the past ;— all our observation of the 









ADDRESS OF CHARLES H. BELL. 75 

character of our race forbids such an inference. The desire 
for information, concerning the generations which have passed 
away, seems inherent in the human breast. In the earliest 
times and among unlettered tribes, the knowledge of antecedent 
events has always been kept alive by tradition ; and as man 
advances in intelligence, his desire to learn is surely not lessened 
in any direction. 

Observation also leads to the conclusion that it is oftener cir- 
cumstances than the lack of interest which deter men from 
historical pursuits. It is not common to find a person of intel- 
ligence who has not treasured up some facts belonging to the 
domain of the past, though they be but of family interest or 
local curiosity. Perhaps he has learned to trace the successive 
steps of his descent from a Mayflower pilgrim ; perhaps he 
can relate some act of prowess of an ancestor in the Revolu- 
tion. Or he may point with excusable elation to the name of 
his first cisatlantic progenitor inscribed on the tattered title of 
an antique volume, or to the rude engraving of the figures of 
the chase or the skirmish, executed by a grandsire upon his 
powder-horn, to while away the tedium of garrison life in the 
French war. 

No one who preserves these relics, with their attendant old- 
time lore, can be destitute of the historic faculty. The germ 
of the taste is in his constitution, and it only requires fostering 
circumstances to cause it to grow and bear fruit. However 
much cumbered by his cares or his merchandise such an one 
may be, if he is once brought within the influence of an organ- 
ized association for historical work he will be attracted to its 
companionship, and in due time become a competent and use- 
ful helper. 

Our society has outlived the too prevalent early notion that 
no one ought to be received into it who had not already 
achieved distinction. Membership is not regarded, at this day, 
a reward of merit, so much as an encouragement to exertion. 
The plan ought to be, to educate our members for our service. 
Aptitude is important ; proficiency is desirable ; but active men, 
in the prime of their powers, holding living relations to the 
body politic, are indispensable. They are the kind of recruits 
from whom our most useful veterans of the future are to be 



■■t 



76 NEW HAMPSHIRE HISTORICAL SOCIETY. 

fashioned. It is true that we may not find some of them the 
best adapted for certain dry details of our work ; — non omnes 
omnia posstimzis. But there are other duties to be performed, 
of equal consequence to the welfare of our organization, which 
they have the ability, and have abundantly proved their willing- 
ness, to undertake. The army of history, like military bodies 
in general, cannot conduct its campaigns without the sinews of 
war ; and to those of our associates, who give their energies to 
improve our material resources, belongs no secondary honor. 

But the influence of our society should extend beyond the 
circle in immediate connection with it. It should give tone 
and direction to the great body beyond. Every project for the 
discovery and advancement of historical knowledge should 
receive its encouragement and earnest cooperation. Our peo- 
ple should look to it for instruction and aid in every useful 
undertaking, and it should never fail to warn them against 
schemes that are futile or absurd. It is alike our province to 
promote the publication of the state's invaluable records, and 
to ridicule the grasping credulity that digs for Kidd's buried 
treasure, or sets up heirship to a great English estate. 

Especially should it be our aim to diffuse a knowledge of the 
history of our own state, and the biography of its people, as 
widely as possible in the community. Minute acquaintance 
with the subject is, of course, not to be expected ; but, among 
the major part of the people, even a general knowledge of 
New Hampshire's claims to distinction is far less common than 
it ought to be. New Hampshire is, indeed, one of the smallest 
divisions of the Union in territory and in population. Her 
stage of action is a narrow one : none of the great material 
interests of the country centre within her borders, and her 
political consequence is trifling. But she has a record to which 
she may point with pride. Her people have never been want- 
ing in any of the great emergencies, when stout and patriotic 
hearts were the nation's hope and salvation. When the dusky 
warriors of the forest threatened the feeble settlements of New 
England with extermination ; when the mercenaries of the 
English king strove in vain to reduce our struggling country to 
vassalage ; when the strength of the Federal Union was tested 
by the bloody touchstone of civil war, New Hampshire was 



ADDRESS OF CHARLES H. BELL. 77 

alike ready, with her treasure and her blood, to bear her part 
for the general safety and honor. 

It is not possible, nor would it be just, to estimate the 
achievements of our commonwealth by applying to them the nar- 
row rule of state boundaries. She has given to her sister states 
and to the country her children, who have largely contributed 
to their prosperity and power. In every part of our land, from 
Maine to California, are the sons and daughters of New Hamp- 
shire sires to be found. It was no dislike to the land of their 
birth which impelled them to leave it. They never lose their 
attachment to their native hills, but always stand ready to 
reassemble round the homestead, the school-house, and the 
steeple of their childhood, proud and happy to answer to the 
roll-call of their parent state. An honorable ambition has led 
them abroad. In their adopted homes they have achieved their 
full proportion of the prizes of life. It is not too much to say 
that prosperity has been the rule with them. Not a few have 
won an honorable place in the world's regard in science and 
literature ; an unusual share have attained high and influential 
official positions in other states and in the nation. But we 
claim them still for New Hampshire. When they went out 
from us, their places were not made good. All we can have 
in exchange for them is the honorable names they acquire. 
Are we to be entitled to no share of the credit which New 
Hampshire parentage, New Hampshire education, and New 
Hampshire principles have enabled our children to win on 
other soil? Are we to give up our claims to the glory of 
Webster, because the immortal productions of his riper years 
were uttered outside our territorial lines? Forbid it, Justice! 
forbid it, Historic Truth ! The glory of our children is our 
glory. No just estimate of New Hampshire can be formed, 
with the achievements of her absent sons and daughters 
omitted from the reckoning. 

The history of New Hampshire is yet waiting to be ad- 
equately written. In the pages of Belknap the provincial 
period is indeed sketched with a masterly hand ; but no light 
is cast upon the occurrences of the century last past, — the most 
eventful era of her existence. Within that hundred years 
the yoke of foreign and monarchical government has been 






78 NEW HAMPSHIRE HISTORICAL SOCIETY. 

thrown off; nine tenths of her territory has been settled ; all 
her manufactures and communications established; her chief 
institutions of learning founded, and her literature written. 

It is not the province of our society to write history. Nor 
need our state make any haste to obtain a historiographer. 
In the fulness of time he will come, with the state pride, the 
patient industry, the facile pen, the sound discrimination, and 
the devotion to truth which will adapt him to the task. And 
then the work which our society has executed will serve its 
destined office. Congenial spirits among our members will 
give him their sympathy and encouragement. The contents of 
our archives will yield him the amplest understanding of his 
theme. With a mightier magic than that of the tapestry of 
the Indian prince, they will transport him at a wish into the 
presence of former generations. 

Brethren of the New Hampshire Historical Society : Each 
step of progress which our organization has taken renders the 
responsibility of maintaining it in the future more onerous. It 
has a character to sustain. Whatever increase of effort it may 
cost, while we remain the guardians of its fame, its onward 
march must never be suffered to flag, nor its star to be dimmed. 
Our motto must be, — Nulla vestigia retrorsum. 

As we return to our homes after these commemorative exer- 
cises are over, let us not permit our occupations and cares to 
crowd the purposes and wants of our society from our remem- 
brance. Whatever service we may be able to render to the 
cause of historical learning in general, should be ungrudgingly 
bestowed. But we should bear ever in mind that we are, in an 
especial degree, bound to promote and foster the interests of 
New Hampshire history. Everything that will contribute to 
dignify and adorn it we should cause to be inscribed on the 
tablets of perpetual remembrance. The good name of our 
state is the common heritage of ourselves and our children: 
be ours the grateful office, in our time, to keep it stainless 
before the world. 



NEW HAMPSHIRE 



A POEM. 



BY EDNA DEAN fROCTOR. 



{See £age 33.) 



"A goodly realm!" said Captain Smith, 
Scanning the coast by the Isles of Shoals, 
While the wind blew fair, as in Indian myth 
Blows the breeze from the Land of Souls : 
Blew from the marshes of Hampton spread 
Level and green that summer day, 
And over the brow of Great Boar's Head, 
From the pines that stretched to the west away ; 
And sunset died on the rippling sea, 
Ere to the south, with the wind, sailed he. 
But he told the story in London streets, 
And again to court and Prince and King ; 
"A truce," men cried, " to Virginia heats ; 
The North is the land of hope and spring!" 
And in sixteen hundred and twenty-three, 
For Dover meadows and Portsmouth river, 
Bold and earnest they crossed the sea, 
And the realm was theirs and ours forever! 



80 NEW HAMPSHIRE HISTORICAL SOCIETY. 

Up from the floods of Piscataqua, 

Slowly, slowly, they made their way 

Back to the Merrimack's eager tide, 

Poured through its meadows rich and wide ; 

And the river that runs like a joyous brook — 

Monadnock 1 s darling, the Contoocook ; — 

And westward turned for the warmer gales 

And the wealth of Connecticut's intervales : 

And to Winnipesaukee's tranquil sea, 

Bosomed in hills and bright with isles 

Where the alder grows and the dark pine tree, 

And the tired wind sleeps and the sunlight smiles ; 

Up and on to the Mountains piled, 

Peak o'er peak, in the northern air, 

Home of streams and of winds that wild 

Torrent and tempest valeward bear, — 

Where the Great Stone Face looms changeless, calm, 

As the Sphinx that couches on Egypt's sands, 

And the fir and the sassafras yield their balm 

Sweet as the odors of Morning lands, — 

Where the eagle floats in the summer noon, 

While his comrade clouds drift, silent, by, 

And the waters fill with a mystic tune 

The fane the cliffs have built to the sky! 

And, beyond, to the woods where the huge moose browsed, 

And the dun deer drank at the rill unroused 

By hound or horn, and the partridge brood 

Was alone in the leafy solitude ; 

And the Lake where the beaver housed her young, 

And the loon's shrill cry from the border rung, 

The Lake whence the Beauteous River flows, 

Its fountains fed by Canadian snows. 

What were the labors of Hercules 

To the toils of Heroes such as these ? — 

Guarding their homes from Savage foes 



miss proctor's poem. 8i 

Cruel as fiends in craft and scorn ; 
Felling the forest with mighty blows ; 
Planting the meadow plots with corn ; 
Hunting the hungry wolf to his lair; 
Trapping the panther and prowling bear; 
Bridging the river ; building the mill 
Where the stream had leapt at its frolic will ; 
Rearing, in faith by sorrow tried, 
The church and the school-house, side by side; 
Fighting the French on the long frontier, 
From Louisburg, set in the sea's domains, 
To proud Quebec and the woods that hear 
Ohio glide to the sunset plains ; 
And when rest and comfort they yearned to see, 
Risking their all to be nobly free ! 

Honor and love for the valiant Dead ! 

With reverent breath let their names be read, — 

Hiltons, Pepperells, Sullivans, Weares, 

Broad is the scroll the list that bears 

Of men as ardent and brave and true 

As ever land in its peril knew ; 

And women of pure and glowing lives, 

Meet to be heroes 1 mothers and wives! 

For not alone for the golden maize, 

And the fisher's spoils from the teeming bays, 

And the treasures of forest, and hill, and mine 

They gave their barks to the stormy brine, — 

Liberty, Learning, righteous Law 

Shone in the vision they dimly saw 

Of the Age to come and the Land to be ; 

And, looking to Heaven, fervently 

They labored and longed through the dawning gray 

For the blessed break of that larger day. 

When the wail of Harvard in sore distress 
Came to their ears through the wilderness, — 



82 NEW HAMPSHIRE HISTORICAL SOCIETY. 

Harvard, the hope of the Colonies twain, 

Planted with prayers by the lonely main — 

It was loyal, struggling Portsmouth town 

That sent this gracious message down : 

" Wishing our gratitude to prove, 

And the country and General Court to move 

For the infant College beset with fears, 

(Its loss an omen of ill would be !) 

We promise to pay it, for seven years, 

Sixty pounds sterling, an annual sum, 

Trusting that fuller aid will come ;" 

And the Court and the country heard their plea, 

And the sapling grew to the wide-boughed tree. 

And when a century had fled, 

And the War for Freedom thrilled with dread 

Yet welcome summons every home, — 

By the fire-lit hearth, 'neath the starry dome, 

They vowed that never their love should wane 

For the Holy Cause they burned to gain, 

Till right should rule, and the strife be done! 

List to the generous deed of one : — 

In the Revolution's darkest days 

The Legislature at Exeter met ; 

Money and men they fain would raise, 

And despair on every face was set 

As news of the army's need was read ; 

Then, in the hush, John Langdon said: 

"Three thousand dollars have I in gold ; 

For as much I will pledge the plate I hold ; 

Eighty casks of Tobago rum ; 

All is the country's. The time will come, 

If we conquer, when amply the debt she'll pay : 

If we fail, our property's worthless." A ray 

Of hope cheered the gloom, while the Governor said 

"For a regiment now, with Stark at its head!" 

And the boon we gained through the noble lender 

Was the Bennington Day and Burgoyne's Surrender. 



miss proctor's poem. 83 

Conflict over and weary quest, 

Hid in their hallowed graves they rest ; 

Nor the voice of love, nor the cannon's roar 

Wins them to field or fireside more ! 

Did the glory go from the hills with them? 

Nay ! for the sons are true to the sires ! 

And the gems they have set in our diadem 

Burn with as rare and brilliant fires ; 

And the woodland streams and the mountain airs 

Sing of the fathers 1 fame with theirs ! 

One, in the shadow of lone Kearsarge, 

Nurtured for power, like the fabled charge 

Of the Gods, by Pelion's woody marge : — 

So lofty his eloquence, stately his mein, 

That, could he have walked the Olympian plain, 

The worshipping, wondering crowds had seen 

Jove descend o'er the feast to reign! 

And One, with a brow as Balder's fair. 

And his life the grandeur of love and peace ; — 

Easing the burdens the race must bear, 

Toiling for good he might not share, 

Till his white soul found its glad release ! 

And One — a tall Corinthian column. 

Of the Temple of Justice prop and pride — 

The judge unstained, the patriot tried. 

Gone to the bar supernal, solemn, 

Nor left his peer by Themis' side ! 

Ah! when the Old World counts her Kings, 

And from splendor of castle and palace brings 

The dainty Lords her Monarchies mould. 

We'll turn to the hills and say, " Behold 

Webster and Greeley and Chase for three 

Princes of our Democracy!" 

Land of the cliff, the stream, the pine. 
Blessing and honor and peace be thine! 
VOL. IX. 7 



84 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Still may thy giant mountains rise, 

Lifting their snows to the blue of June, 

And the south wind breathe its tenderest sighs 

Over thy fields in the harvest moon ! 

And the river of rivers, Merrimack, 

Whose current never shall faint or lack 

While the lakes and the crystal springs remain, — 

Welcome the myriad brooks and rills 

Winding through meadows, leaping from hills 

To brim its banks for the waiting wheels 

That thrill and fly to its dash and roar 

Till the rocks are passed, and the sea-fog steals 

Over its tide by Newbury's shore ! — 

For the river of rivers is Merrimack, 

Whether it foams with the mountain rain, 

Or toils in the mill-race, deep and black, 

Or, conqueror, rolls to the ocean plain ! 

And still may the hill, the vale, the glen, 

Give thee the might of heroic men, 

And the grace of women pure and fair 

As the Mayflower's blocm when the woods are bare ; 

And Truth and Freedom aye find in thee 

Their surest warrant of victory ! 

Land of fame and of high endeavor, 

Strength and glory be thine forever! 



PROCEEDINGS 



HEW pPSHIP L E HISTORICAL SOCIETY. 



ANNUAL MEETING, 



Concord, N. H., June 10, 1S74. 

The fifty-second annual meeting of the society was held at 
its library room, this day, at n o'clock A. m., the president in 
the chair. 

The records of the last two quarterly meetings were read 
and approved. 

The reports of the corresponding secretary, Rev. Dr. Bouton, 
the treasurer, Charles W. Sargent, the librarian, Samuel C. 
Eastman, the publishing committee, by Samuel C. Eastman, 
and the standing committee, by Joseph B. Walker, were sev- 
erally presented and accepted. 

The records of the Congregational church in Bridgewater, 
now extinct, transmitted by Rev. Silas Ketchum of Bristol, 
were received. 

The following amendments to the constitution of the society, 
submitted at the last annual meeting by William B. Towne of 
Milford, were adopted, to wit : 

Section 2 of article 2 of the constitution is amended so as to read, — 
" The society shall consist of resident, corresponding, honorary, and 



86 



NEW HAMPSHIRE HISTORICAL SOCIETY 



life members. Resident members shall be persons residing in the 
state of New Hampshire, and corresponding and honorary members 
persons residing elsewhere. Any member may become a life member 
by the payment of fifty dollars, and shall ever thereafter be exempt 
from assessment. The money derived from life memberships shall be 
kept separate and apart from the other funds of the society, shall be 
denominated the 4 Life Fund,' and the income thereof only expended. 

Article 4 is amended so that the first two lines shall read, — 
"Each resident member shall pay" — 

A committee was appointed to nominate officers and new 
members. 

A letter from Rev. Silas Ketchum, of Bristol, was read, ten- 
dering to the society a large collection of school-books, upon 
condition that an alcove, or part of one, should be specially 
assigned to them, and that they should never be sold or ex- 
changed. 

On motion of Samuel C. Eastman, 

Resolved, That the society gratefully accept the gift of the Rev. Silas 
Ketchum on the terms proposed by him, and that the corresponding 
secretary be directed to inform him of the acceptance, and convey to 
him the thanks of the society. 

Mr. Towne, from the committee to nominate officers, re- 
ported as follows : 

President — Charles H. Bell; Vice-Presidents— W\\\mm L. Foster, 
Benjamin F. Prescott ; Corresponding Secretary — Nathaniel Bouton : 
Recording Secretary — Amos Hadley ; Publishing Committee — William 
L. Foster, John J. Bell, Samuel C. Eastman; Standing Committee — 
Joseph B. Walker, Ebenezer S. Towle, Enoch Gerrish ; Auditing Com- 
mittee — Abel Hutchins, John A. Harris ; Library Committee— Joseph 
B. Walker, John J. Bell, Samuel C. Eastman; Treasurer— Charles W. 
Sargent ; Librarian — Samuel C. Eastman. 

The report was accepted, and the gentlemen nominated were 
elected. 

Hon. George W. Nesmith tendered certain valuable news- 
papers, which, on motion of Hon. George G. Fogg, were ac- 
cepted, with thanks to the donor. 

On motion, it was voted to assess resident members $3 for 



i 



PROCEEDINGS — ANNUAL MEETING. 87 

the current year, and to allow them a copy of the seventh vol- 
ume of the Provincial Papers on payment of $2 additional, and 
honorary members a copy on the payment of $2. 
Adjourned till 2 o'clock p. m, 

AFTERNOON SESSIOxN. 

The society met according to adjournment. 

Mr. Towne, from the committee appointed to nominate new 
members, reported the following persons, who were unani- 
mously elected : 

RESIDENT MEMBERS. 

Frank W. Hackett, William A. Pierce, Edward S. Ryder, of Ports- 
mouth ; Elisha R. Brown, John R. Ham, Charles C. Hardy, Rev. Geo. 
B. Spalding, of Dover ; William G. Perry, Exeter ; John Albee, New- 
castle ; John W. Simonds, Franklin; Emery I. Randall, Great Falls; 
Prof. E. W. Dimond, Hanover; John H. George, Charles R. Corning, 
Abial Chandler, Allan H. Robinson, Frank H. Pierce, of Concord ; 
Joseph W. Robinson, Claremont ; Leonard W. Peabody, Henniker ; 
Buel C. Carter, Wolfeborough ; Sullivan D. Green, Berlin Falls ; Wil- 
liam A. Wallace, Canaan ; J. G. Davis, D. D., Amherst. 

CORRESPONDING MEMBERS. 

Charles W. Tuttle, Robert M. Mason, Edmund F. Slafter, John 
Ward Dean, Edwin B. Haskell, of Boston ; Edmund Quincy, Dedham, 
Mass. ; Hon. Albert Fearing, Hingham, Mass. ; William L. Kingsley, 
New Haven, Ct. 

HONORARY MEMBER. 

Hon. Thomas C. Amory, Boston, Mass. 

Hon. Levi Bartlett, of Warner, gave memorial sketches of the 
Bartlett family, and presented to the society sundry objects of 
antiquarian interest. 

On motion of Joseph B. Walker, thanks were tendered Mr. 
Bartlett for his valuable and interesting sketch of the Bartlett 
family. 

On motion of Rev. Dr. Bouton, the thanks of the society 
were returned to Mr. Bartlett for the presents made by him to 
the societv. 

On motion of Rev. Dr. Bouton, the thanks cf the society 



60 NEW HAMPSHIRE HISTORICAL SOCIETY. 

were presented to Samuel C. Eastman, Esq., for the valuable 
services rendered by him as librarian the past year. 

Adjourned to meet this evening, at 7^ o'clock, at the City 
Hall. 

EVENING SESSION. 

The society met at the City Hall, according to adjournment. 

The annual address, being i; Reminiscences of Daniel Web- 
ster," was delivered by Hon. George W. Nesmith. 

On motion of Hon. Moses Humphrey, the thanks of the 
society were tendered the speaker for his able and interesting 
address, and a copy of the same requested for deposit in the 
archives of the society. 

The society then adjourned. 



QUARTERLY MEETING. 



Concord, N. H., Oct. 7, 1874. 

A quarterly meeting was held in the Society's Building this 
day at eleven o'clock a. M. 

Charles F. Stewart, of Concord, was chosen chairman. 

J. Albee, Esq., read a paper on the early records of New- 
castle. 

On motion of Samuel C. Eastman, Esq., the thanks of the 
society were presented to Mr. Albee for his interesting and 
instructive paper, a copy of which was requested for deposit 
in the archives of the society. 

It was also voted that Mr. Albee be allowed his expenses in 
attending this meeting of the society. 

Adjourned. 



PROCEEDINGS— qUARTERLY MEETINGS. S9 

QUARTERLY MEETING. 



Concord, N. H., March 17, 1875. 

A quarterly meeting was held at the Council Chamber, in 
the State House, this day, at eleven o'clock a. m., the president 
in the chair. 

Joseph B. Walker, Esq., made a verbal report respecting the 
fund for the support of a Librarian ; and Rev. Dr. Bouton 
made additional statements upon the same subject. 

On motion of Hon. W. H. Y. Hackett, the matter of pro- 
viding ways and means for the society was recommitted to the 
committee hitherto having it in charge, with instructions to re- 
port at the next meeting. 

The report of the committee appointed to correspond with 
Mr. Thomas C. Amory, of Boston, with the view of obtaining 
■for the society the correspondence of Gen. Sullivan during the 
war of the revolution, was presented by Mr. Hackett, accom- 
panied by a resolution authorizing the reply of Mr. Amory to 
be published under the direction of the committee. 

The reply, which was a vindication of Gen. Sullivan from 
sundry aspersions contained in the tenth volume of Bancroft's 
History of the United States, was read, and, after remarks 
made by Mr. Amory, signifying that at some future time the 
society would be made the depositary of the Sullivan corre- 
spondence, was ordered to be published in accordance with the 
terms of the resolution reported by the committee. 

Mr. Hackett, from the committee appointed to confer with 
Arthur Livermore for the purpose of procuring for the society 
any letters from Maj. Robert Rogers that he may be disposed 
to donate, and to confer with Robert M. Mason with the view 
of obtaining that part of the correspondence between Jeremiah 
Mason and Daniel Webster relating to the case of Dartmouth 
college, made a report, with accompanying letters. 



1 



90 NEW HAMPSHIRE HISTORICAL SOCIETY. 

The report was accepted, and the accompanying letters were 
laid upon the table. 

Mr. George E. Emery, of Exeter, read a paper on the origin 
of the name " Kearsarae." 

On motion, the thanks of the society were presented to Mr. 
Emery for his interesting and instructive paper, and he was 
requested to deposit a copy of the same in the archives of the 
society. 

The society then adjourned. 



ANNUAL MEETING. 



Concord, N. H., June 9, 1S75. 

The fifty-third annual meeting of the society was held at its 
library room this day, at eleven o'clock a. m., the president in 
the chair. 

The president called the attention of the society to sundry 
allegations against Gen. John Sullivan contained in the tenth 
volume of Bancroft's History of the United States; whereupon 
the society authorized the appointment of Messrs. W. H. Y. 
Hackett, Nathaniel Bouton, Joseph B. Walker, John Elwyn, 
Jonathan E. Sargent, and Charles H. Bell as a committee to 
investigate the said allegations, and report upon the same. 

Hon. George W. Nesmith made remarks in vindication of 
Gen. Sullivan, and urged a refutation of certain aspersions 
contained in the ninth volume of Bancroft's History. 

The records of the last annual meeting, and of the quarterly 
meetings of the past year, were read by the recording secretary, 
and approved. 

The report of the corresponding secretary, Rev. Dr. Bouton, 
was presented and accepted. The report was accompanied 
by letters, as follows : From J. Albee, of Washington, D. C, 
and from U. S. Senator A. H. Cragin, in relation to two 



PROCEEDINGS ANNUAL MEETING. 



91 



manuscript volumes concerning New Hampshire in the con- 
gressional library, the latter offering to procure copies free of 
expense to the society ; from Henry Stevens, Esq., of London, 
concerning papers which he had found in that city relating to 
New Hampshire ; from Dr. Elwyn, of Philadelphia, enclosing 
a paper of ancient date, pertaining to the Vermont Controversy ; 
from Dr. William Prescott, of Concord, in relation to a Dic- 
tionary of Proper Names, upon which he had been for some 
time engaged ; and from William C. Thompson, of Worcester, 
Mass., in relation to the better preservation of town records. 

On motion of Judge Nesmith, the thanks of the society were 
presented to Messrs. Charles H. Bell, William H. Y. Hackett, 
Thomas C. Amory, Joseph B. Walker, Samuel C. Eastman, 
Nathaniel White, George G. Fogg, William B. Towne, and 
Simeon Abbot, donors of a portrait of Dudley Leavitt, the 
New Hampshire Almanac Maker. 

The report of the standing committee was presented bv Mr. 
Joseph B. Walker, accompanied by a statement that the com- 
mittee had examined the accounts of the late treasurer, Charles 
W. Sargent, and found them correctly kept. 

The report was accepted and adopted. 

On motion of Mr. William B. Towne, the chairman of the 
standing committee was authorized to settle the accounts of 
the late treasurer with the administrator of his estate, and to 
turn over the amount found due the society to the treasurer 
this day to be elected. 

The reports of Mr. Samuel C. Eastman, as librarian, and in 
behalf of the publishing committee, were, in the absence of 
Mr. Eastman, presented by Mr. William K. Bartlett, and were 
accepted and adopted. 

Mr. William B. Towne remarked upon the life and character 
of Hon. Albert Fearing, of Hingham, Mass., an honorary 
member of the societv, recently deceased, and urged the de- 
sirableness of some system whereby biographical memoirs of 
deceased members might be regularly prepared and laid before 
the society. 

On motion of Rev. Dr. Bouton, it was voted that the sub- 






92 NEW HAMPSHIRE HISTORICAL SOCIETY. 

scriptions to the N. H. Historical Society Building be copied 
into the records, and that the originals be placed on file in the 
archives of the society. 

After discussion as to ways and means, particularly in rela- 
tion to the fund for the support of a librarian, it was voted, on 
motion of Mr. J. B. Walker, that the subject of keeping the 
library open be referred to the Committee on Life Membership. 

On motion of Mr. Towne, Mr. Walker was added to said 
committee. 

Committees were appointed to nominate officers and new 
members. 

Adjourned to meet this afternoon at 2 o'clock. 



AFTERNOON SESSION. 

The society met according to adjournment. 
Hon. Sylvester Dana, from the committee appointed to nom- 
inate officers, reported as follows : 

President — Charles H. Bell; Vice-Presidents — Benjamin F. Prescott, 
Jonathan E. Sargent; Corresponding Secretary — Nathaniel Bouton ; 
Recording Secretary — Amos Hadley ; Publishing Committee — William 
L. Foster, John J. Bell, William B. Towne; Standing Committee — 
Joseph B. Walker, Ebenezer S. Towle, Enoch Gerrish ; Auditing Com- 
mittee — Woodbridge Odlin, Joseph C. A. Hill ; Library Committee — 
Joseph B. Walker, John J. Bell, Samuel C. Eastman; Treasurer — 
Samuel S. Kimball; Librarian — Samuel C. Eastman. 

The report was accepted, and the gentlemen therein nom- 
inated were elected to the offices for which they were 
designated. 

The president, from the committee appointed to investigate 
and report upon allegations against Gen. John Sullivan, con- 
tained in the tenth volume of Bancroft's History of the United 
States, presented a report in vindication of Gen. Sullivan, 
which was accepted and adopted. 

On motion of Mr. Towne, the matter of publishing the 
report was referred to the Publishing Committee. 



PROCEEDINGS — ANNUAL MEETING. 93 

Hon. George G. Fogg, from the committee appointed to 
nominate new members, reported the following persons, who 
were unanimously elected : 



RESIDENT MEMBERS. 

Samuel N. Ide, George L. Balcom, John L. Farwell, of Claremont ; 
Robert A. Benton, Arthur Fletcher, John W. Robinson, Daniel F. 
Secomb, Rev. M. W. Prince, Samuel S. Kimball, of Concord ; Moses 
D. Page, George Fred. Gray, of Dover; George E. Emery, Amos Tuck, 
Albert C. Perkins, of Exeter; Amos J. Blake, John M. Parker, of 
Fitzwilliam ; Warren F. Daniell, Moses B. Goodwin, of Franklin ; Rev. 
James Haughton, Elihu T. Quimby, of Hanover; A. H. Cragin, Leb- 
anon; George A. Bingham, Littleton; Rev. Luther B. Pert, London- 
derry; Person C. Cheney, Manchester; Albert S. Scott, Peterborough; 
Charles A. Jewell, Plymouth ; Frank Jones, Rev. James DeNorman- 
die, Portsmouth ; George A. Whitney, Rindge ; Josiah G. Dearborn, 
Weare. 

CORRESPONDING MEMBERS. 

John S. Jenness, Hon. Charles A. Peabody, New York; Hon. 
Peter Harvey, Boston ; Rev. Augustus Woodbury, Providence, R. I. ; 
Rear-Admiral Henry K. Thatcher, Winchester, Mass. ; Rev. Samuel J. 
Spaulding, Newburyport, Mass. ; James W. Savage, Omaha, Nebraska ; 
Alfred Landham, Montreal. 

On motion of Rev. Dr. Bouton, the thanks of the society 
were presented to Senator Cragin for his generous offer to 
furnish a copy of manuscript records relating to New Hamp- 
shire, now in the library of the L'nited States ; and it was voted 
that his offer be accepted. 

On motion of Mr. Joseph B. Walker, it was voted that a tax 
of three dollars be hereby levied upon each member of the 
society for the year 1S75-6, and that any member paying two 
dollars in addition to his tax shall be entitled to the eighth vol- 
ume of the Provincial Records. 

On motion of Mr. Walker, Joseph C. A. Hill was added to 
the Committee on the Life Membership Fund. 

The society adjourned to meet at the City Hall, this evening, 
at 7 J o'clock. 



94 NEW HAMPSHIRE HISTORICAL SOCIETY. 

EVENING SESSION. 

The society met, according to adjournment, in the City Hall. 
Hon. Jonathan E. Sargent, one of the Vice-Presidents, in the 
chair. 

Hon. Sylvester Dana was appointed recording secretary pro 
tempore. 

Charles C. Coffin, Esq., of Boston, delivered an address on 
" New Hampshire in the Revolution." 

On motion, the thanks of the society were presented to Mr. 
Coffin for his able and interesting address, and a copy of the 
same was requested for deposit in the archives of the society. 

On motion of Joseph B. Walker, the letter of William C. 
Thompson, Esq., this day read to the society, was referred to 
a committee consisting of Messrs. Jona. E. Sargent, Wm. L. 
Foster, and Daniel F. Secomb. 

Benjamin A. Kimball, of Concord, was elected a resident 
member of the society. 

Adjourned. 



GENERAL JOHN SULLIVAN. 



At the annual meeting of the New Hampshire Historical 
Society, held in Concord on the ninth day of June, 1875, the 
committee appointed to inquire into the justice of certain 
allegations contained in the tenth volume of Bancroft's History 
of the United States concerning Major General John Sullivan 
of New Hampshire, submitted the following report, which 
being read, was accepted and adopted by the society. 

REPORT. 

The allegations of Mr. Bancroft are found in the tenth vol- 
ume of his history, on page 452, where he says, — " With the 
aid of Sullivan of New Hampshire, who was in the pay of 
France, instructions such as Vergennes might have drafted 
were first agreed upon ;" — and on page 502, where these words 
are used: "That New Hampshire abandoned the claim to the 
fisheries was due to Sullivan, who at the time was a pensioner 
of Luzerne." 

This language imports nothing less than that Gen. Sullivan, 
then a delegate from New Hampshire in the Continental Con- 
gress, betrayed the interests of his state and country for a bribe 
from the agents of France. It is an accusation of the gravest 
character, brought now for the first time against a revolutionary 
patriot of conspicuous position and hitherto unsuspected purity, 
and in a work assuming to be of the highest authority. Every 
one of these considerations demands that to justify such an 
arraignment nothing less than complete, unimpeachable proof 
of its truth should be forthcoming. 

Mr. Bancroft, upon the request of the descendants of Gen. 
Sullivan, has produced the evidence on which he bases his 
assertion. It is a despatch from the Chevalier dc la Luzerne, 



$6 NEW HAMPSHIRE HISTORICAL SOCIETY. 

the French ambassador at Philadelphia, to the Count de Ver- 
gennes, the minister of Foreign Affairs of the King of France, 
and its meaning will be considered in another part of this 
report. 

But it is proper first to remark that the charge of Mr. Ban- 
croft derives no credibility from the action of Gen. Sullivan in 
congress, on the occasion alluded to in the two passages cited. 

The question what terms should be insisted on by this 
country in making peace with Great Britain, was repeatedly 
before congress, and received various decisions. But long be- 
fore Gen. Sullivan, after his military service, was returned as a 
delegate, it had been determined that the only indispe?isablc 
condition was, the recognition of our national independence. 
At the same time no American envoys, entrusted with the re- 
sponsible duty of negotiating a treaty, could have been insensi- 
ble to the importance of the questions of boundaries, the com- 
mon right of fishery, and the navigation of the Mississippi, in 
which the various sections of our country were so vitally 
interested. 

As early as the beginning of 17S1, France was weary of the 
war. She had engaged to make no peace with Great Britain 
without the independence of America being secured, but she 
had not pledged herself to continue the contest for the purpose 
of gaining further advantages to her ally. She naturally wished 
that the instructions of congress to our commissioners for 
negotiating a peace should contain no ultimatum except the 
recognition of our independence. Her ministers declared this 
to congress in plain language, and there was no disposition 
among the most of the delegates to gainsay her wishes. The 
suspicions of the motives of France which prevailed afterwards 
among our commissioners abroad had not yet arisen here ; the 
country was animated by feelings of gratitude to our allies, and 
congress reflected the sentiments of the country. It is easy, 
therefore, to account for the influence which the French minis- 
ter exerted on that body, without resorting to the revolting 
suspicion of bribery. 

On the subjects of the fisheries, and of the instructions to 
our commissioners, a great majority of the delegates voted with 
Sullivan, — only three or four of the states dissenting. The vote 



GENERAL JOHN SULLIVAN. 97 

of New Hampshire was not given by Sullivan alone ; he only 
shared the responsibility with his sole colleague, Mr. Liver- 
more, a gentlemen whose integrity, ability, and independence 
forbid the belief that he could have been influenced by Sullivan, 
wittingly or unwittingly, to be false to his trust. 

The reason which the majority assigned for their action was, 
that other restrictions upon our commissioners might have 
been fatal to the accomplishment of peace ; that the disposi- 
tion of France was favorable to us ; and that the interests of 
our country being committed to John Adams, Benjamin Frank- 
lin, John Jay, Thomas Jefferson, and Henry Laurens, among 
the ablest of our patriots, familiar with the wants and hopes 
of the country, every attainable advantage would be secured. 
And the issue of the negotiations bore out their views. The 
commissioners did obtain for us all that had been claimed, in 
our days of greatest confidence. 

The fact, then, that Gen. Sullivan acted with the majority in 
congress in reference to the conditions of peace, affords no 
possible ground for the imputation that he was improperly 
influenced by agents of France. 

This leaves the charge of Mr. Bancroft to rest upon the 
authority of Luzerne's despatch alone. The following is a 
translation of that paper into English, only a few paragraphs 
relating to other subjects being omitted.* 

Philadelphia, May 13, 1781. 
My Lord, — When the letter-mail from Philadelphia was intercepted 
last year, and the English printed some of the letters, I noticed one 
from a Delegate who complained of the pecuniary straits in which he 
was kept by his State, and the dearness of all the necessaries of life in 
Philadelphia. Of this I had the honor of sending you a translation. 
From that time it seemed necessary that I should open my purse for a 
Delegate whose needs were made known to the enemy by his own con- 
fession, and in the guise of a loan I sent him sixty-eight guineas and 



* Since this report was presented, a circular has been issued in the name of the pub- 
lishers of Mr. Bancroft, and presumably sanctioned by himself, in which the despatch of 
Luzerne is given, differing slightly (by reason of clerical errors, as we are informed) from 
the version before published. In printing the report, Mr. Bancroft's translation has been 
followed, as perhaps sufficiently correct for the present purpose, although it is not thought 
to convey the exact sense of the original in all particulars. 



i 



98 NEW HAMPSHIRE HISTORICAL SOCIETY. 

four sevenths. The interception of a second mail put the English in 
possession of a letter addressed to him by the Treasurer of his State ; 
and this also they printed. This, too, treated of pecuniary necessities. 
General Clinton suspected that a man so pressed for money could be 
easily corrupted, and as his brother was a prisoner in New York, he 
permitted the latter to go to Philadelphia on the pretext of negotiating 
his exchange. The Delegate sought me, and told me in confidence 
that his brother had brought him a letter, unsigned, but which he knew 
by the handwriting to have been written by an English colonel then in 
New York. " The writer of this letter," he said to me, " after dwelling 
on the resources of England, and the means which she possesses for 
ultimately subjugating America, compliments me warmly on my intelli- 
gence, my talents, and the high esteem in which the English hold me.* 1 
He added, "that they regard me as the fittest man to negotiate a re- 
conciliation between the mother country and the English colonies ; that 
they wish me to make known my sentiments on this subject ; that all 
overtures on my part will be received with the consideration which they 
deserve ; that I have only to state my wishes ; that the person who 
wrote to me was fully empowered to open a special negotiation with 
me, and that I may count upon the profoundest secrecy. 

"I made answer to my brother with all the indignation that such 
propositions aroused in me ; I threw the letter in the fire before his 
face, and when he started for New York I begged him to let those who 
sent him understand that their overtures had been received with the 
deepest scorn. Yet I have preserved silence about this matter toward 
Congress, partly in order not to compromise my brother, partly in order 
not to make a parade of my own disinterestedness, and partly because 
I thought it hazardous to announce with too much positiveness to my 
colleagues that the enemy was seeking a traitor among us, and that his 
reward was ready. But I thought I ought to confide to you these par- 
ticulars, in order to put you on your guard against the enemy's intrigues, 
even in the very bosom of Congress ; for if they have dared to make 
such offers to me, whose attachment to the good cause is so generally 
known, it is only too possible that they have done the same to others 
who have not apprised you of it." 

This confidential communication seemed to me to be true, in the 
main ; but I was not quite convinced that this Delegate had charged his 
brother to carry to New York a message so haughty and so insulting to 
the English as that which he had repeated to me. He made me a very 
strange proposition,— to pretend to lend an ear to the overtures that had 
been made to him, and to send a trusty man to New York to ask of 
General Clinton a plan of reconciliation; adding that he had been un- 
willing to use his brother's services, fearing his attachment to the cause 



GENERAL JOHN SULLIVAN. 



99 



of independence. "I see," he told me, "many advantages in thus 
sounding the disposition of the English, in order to find out what their 
scheme of corruption may be, and to learn how far they intend to go in 
their concessions," — and he named to me four members of Congress 
to whom he proposed to confide his project before putting it into execu- 
tion, — all of them being men of established integrity. This Delegate 
himself enjoys an excellent reputation, and I am very unwilling to sus- 
pect that he meant to make me a cloak for a correspondence with the 
enemy; but he has so often told me of the losses that the Revolution 
has occasioned him, and so bitterly regretted his former condition of 
ease and comfort, that I could not help dreading for him the temptation 
which he would encounter; and I did not hesitate to dissuade him from 
the enterprise, by clearly pointing out the great evils that it would en- 
tail. He did not promise me, formally, to abandon it ; but if, notwith- 
standing the representations which I intend to reiterate to him, he 
persists in it, I shall so narrowly watch his conduct that I shall hope to 
discover whatever may be ambiguous in it. Moreover, I have con- 
stantly encouraged him to be very confiding; and to him I always 
attribute the rupture of the league formed by the Eastern States, — a 
league which, by false notions of popularity and of liberty, and by 
excessive jealousy of the army and the general-in-chief, has long ob- 
structed the most necessary measures, and which on many occasions 
has shown itself jealous at once of our interests and of our influence. 
In his own State he is highly esteemed ; he enjoys the credit of deter- 
mining it to declare for independence in 1776. It is the only State 
which has not yet fixed its form of government, and, since this delay 
has been productive of evil, and permits ill-disposed persons still to 
hope for the reestablishment of the English government, he has prom- 
ised me that on his return he will use his influence with the people to 
induce them to adopt a constitution. I know not how much longer he 
will remain in Congress ; but I thought you would not disapprove my 
offer to continue to him every six months the loan that I made him 
last year, so long as he shall remain a Delegate, and my proposition 
has been very gratefully received. In any event it is interesting to 
keep an eye on him. It is unfortunate that many other Delegates are 
in situations even still more necessitous. Some from the South, whose 
States are occupied by the enemy, have no other resources than the 
receipt of a bounty from Congress for their subsistence, and this bounty 
is so small that one of them, who was formerly governor of Georgia, 
is compelled to withdraw his wife from society, for the want of clothing 
in which she could respectably appear. 

This attempt of the English gave me a chance to ask this Delegate 
whom they approached, if his long experience in Congress, and his 

VOL. IX. -4/9 






IOO NEW HAMPSHIRE HISTORICAL SOCIETY. 

colleagues' manner of voting, had led him to suspect any of them of 
corruption. He indicated the person against whom I had formerly 
cherished suspicions, and another whose character seemed to him 
equally suspicious ; but with these two exceptions he thought that Con- 
gress was composed of gentlemen of steadfast character, and inaccessi- 
ble to corrupt approaches. 

******* 

I will await your orders, my Lord, to carry the advances spoken of 
in this despatch to my account of extraordinary expenses. 

******* 

I am, &c, &c, (signed) 

Le Ch. DE LA LUZERNE. 

The Delegate spoken of at the beginning of this despatch, my Lord, 
is General Sullivan, who represents the State of New Hampshire in 
Congress. 

Plainly the first thing to get at is the purpose of this multi- 
farious communication. It could not be to announce that 
Gen. Sullivan had been " pensioned" by the writer, or received 
into " the pay of France." It that had been the meaning, what 
need of so much irrelevant matter? Surely there was no occa- 
sion to beat about the bush in a private communication between 
the French envoy and his official chief. Luzerne had only to 
say, — " For three hundred dollars I have bought, to do our 
bidding, a delegate in congress, late a major-general in the 
army, and now a member of the principal committees," — and 
the brevity of the epistle would have needed no apology, in 
consideration of the satisfactory nature of its contents; that is, 
if it was any part of the policy of the French Government to 
corrupt the leaders of their allies, which, both on account of 
the moral effect of the transaction if discovered or suspected, 
and because of its Heedlessness in the state of public feeling 
then subsisting, may well be doubted. 

But it is clear that the despatch was not intended to convey 
that idea. Nowhere in it is there one word to indicate that 
Gen. Sullivan had agreed, or was expected, to do more than 
his duty for France, or less than his duty for America. 

In our opinion the despatch admits of one very simple and 
natural explanation, and of no other. Luzerne, generous in 
relieving the distresses of the American soldiery, had with like 



• 






GENERAL JOHN SULLIVAN. IOI 

liberality opened bis purse for the assistance of a distinguished 
delegate in congress, whose needy condition was accidentally 
made public. Of course he expected to be reimbursed in a 
reasonable time. But months had gone on, and such was the 
scarcity of money that Gen. Sullivan was unable, either from 
his property at home, from the continental treasury which was 
considerably indebted to him, or from his state which was 
entirely in arrear with his salary, to obtain the means to repay 
the advance. Luzerne had reason to believe that France would 
scruple to assume no reasonable expenditures made for the 
benefit of the United States, if only the occasion was of suffi- 
cient consequence to warrant them. His despatch was ob- 
viously written, therefore, to induce the French government 
to allow him to charge to the public account the money which 
he had lent to Gen. Sullivan, not because it had been applied 
for purposes of corruption, but simply because he feared 
that otherwise he should be compelled to lose it from his own 
pocket. 

Hence the burden of his letter is, that Sullivan, in his known 
destitute condition, was in danger of being suborned by the 
British. To heighten the effect of the suggestion, he intro- 
duces the statement from Sullivan of approaches which had 
already been made him^from an English officer in New York, 
which statement, by the way, heard through the medium of a 
foreign tongue, and reproduced in the French manner, will 
hardly be taken as literally exact. The acute Frenchman 
would readily discern that his claim to be reimbursed from the 
treasury of his king would be all the more plausible, if an ex- 
pectation of that kind had been entertained from the start. 
This would account for the adroit manner in which he de- 
scribes his advance to Sullivan as made " in the guise of a 
loan," and mentions that he had made to him " the offer to 
continue every six months the loan that he made him last year, 
so long as he should remain a delegate, which proposition was 
very gratefully received." All this was excellently calculated 
to persuade Luzerne's superiors to direct the money advanced 
to Sullivan to be included with the other manifold payments 
which France was daily making on account of her American 
allies, and there seems to be noVother purpose for which the 



102 NEW HAMPSHIRE HISTORICAL SOCIETY. 

letter could have been reasonably designed. It is in accord- 
ance with this view of the matter too, that Luzerne nowhere 
states that Sullivan understood that the money which he re- 
ceived, or which was subsequently offered him, was other than 
the private property of Luzerne, and to be repaid to him as 
such ; nor that Sullivan knew that it was sought to be charo-ed 
to the public account, or that the transaction was disclosed to 
Vergennes or to any other person. And it is proper to add, 
that it is not pretended that any further advance was ever 
made ; that no evidence has appeared that the one in question 
was actually defrayed from the French treasury ; and nothing 
to show that it was not subsequently repaid to Luzerne by 
Sullivan.* 

If the despatch contains even a reasonable implication that 
Gen. Sullivan received or retained as a bribe the money he 
had from Luzerne, your committee are unable to perceive it, 
and it must be of too indirect and vague a character to justify 
the odious charge of venality. 

Perhaps this subject ought not to be dismissed without an 
allusion to the character of the persons inculpated by Mr. 
Bancroft's assertions. 

♦In the circular alluded to in the former note, it appears for the first time that the Cabi- 
net of Versailles made a reply to the despatch of Luzerne. Mr. Bancroft, when applied to 
by the descendants of Gen. Sullivan for the grounds of his statement respecting their an- 
cestor, wrote (see Circular, pp. 2, 3), — " My authority for this statement was a circumstan- 
tial report made to Vergennes by Luzerne himself." He did not hint at a reply to that 
report; nor, we are assured, did he lay before the copyist employed by Sullivan's descend- 
ants to transcribe his "authority," the reply, or any part of it. Why he kept it back, if he 
considered it of any importance, every one must form his own opinion. The Circular gives 
the following extract from the reply. 

From the Cabinet 0/ Versailles to M. de la Luzerne. 
{Extract,) 27 July, 1781. 

I cannot but approve, Monsieur, the pecuniary assistance you have rendered to General 
Sullivan. You may continue it to him as long as he shall sit in Congress, and you will carry 
the amount to the account of your extraordinary expenses, avoiding the mention of his 
name. 

This " extract" simply indicates that Luzerne had leave to charge the loan already made 
to the public account, and to make Gen. Sullivan further specified advances on the same 
account. But it nowhere appears that Luzerne was in fact under the necessity of resorting 
to the French treasury for reimbursement of the loan, — while the expiration of Gen. Sulli- 
van's term of service in congress, and his return to New Hampshire, preclude the idea of his 
receiving any further advance. But the really important thing of all is, that there is no syl- 
lable of evidence in the despatch or the reply that Sullivan ever knew or suspected that the 
fact of the loan from Luzerne was made known to Vergennes, or that such a thing as trans- 
ferring it to the French treasury was ever thought of. So far as Sullivan is concerned, the 
correspondence between the Frenchmen was absolutely res inter alios acta. 



GENERAL JOHN SULLIVAN. IO3 

M. de la Luzerne has uniformly borne the character of a 
man of honor. When Benedict Arnold, some months before 
the time in question, went to him with a proposal to sell him- 
self to the service of the French king, Luzerne, while uttering 
a courteous refusal, did not disguise the feeling of aversion he 
entertained for such a transaction. His conduct while an 
envoy to this country was such as to call forth from congress 
flattering expressions of esteem after the peace, and from 
Washington, through Jefferson as secretary of state, a hand- 
some acknowledgment of his services, in behalf of the nation 
after the organization of the federal government. The French 
minister could hardly have been guilty of corrupting prom- 
inent members of congress without some whisper of the fact 
being borne to the ears of at least the commander-in-chief and 
first president ; and we cannot imagine our Washington direct- 
ing a laudatory message to an ambassador who lay under the 
faintest suspicion of so abusing his high trust. 

Gen. Sullivan had faults, no doubt, but they were the far- 
thest from falsehood and venality. History has never assailed 
his probity ; and tradition, which in his native state has handed 
down his characteristics with apparent fidelity, uniformly rep- 
resents him as of scrupulous integrity. His fellow-citizens, 
who ought to have judged him correctly, loaded him with 
offices of high trust after the war ; and Washington, who knew 
and chided his real failings, had so implicit a reliance on his 
honor and uprightness, that he appointed him to the position of 
United States judge for the district of New Hampshire, which 
he held till his death. 

A circumstance which occurred in the early part of 1781, a 
few months after Luzerne made the loan to Sullivan, ought to 
have a strong bearing on the question under consideration. 
The Pennsylvania troops had revolted, and were in a state of 
insurrection, and Sullivan was appointed chairman of a com- 
mittee of congress to bring; them back to their allegiance. The 
British general, hearing of the mutiny, despatched messengers 
to the troops to entice them to desert to the royal standard ; 
but the Pennsylvanians, true to their country even when they 
believed she had wronged them, voluntarily turned over the 
emissaries to the committee of congress to be dealt with as 



104 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



spies. Sullivan wrote an account of the matter to Luzerne, in 
these words : 

"One circumstance ought not to be omitted, which, in my 
judgment, does the insurgents much honor. When they de- 
livered up the British emissaries, Gov. Reed offered them one 
hundred golden guineas, which they refused, saying that what 
they did was only a duty they owed to their country, and that 
they neither wanted nor would receive any reward but the 
approbation of that country for which they had so often fought 
and bled." 

It is absolutely incredible that a man in the position of Sul- 
livan, if he had just been receiving the wages of iniquity for 
being faithless to his country, could address such language to 
his partner in the dishonor. 

John Sullivan has now lain in an honored grave for the 
greater part of a century, every year of which furnishes an 
additional presumption against the truth of an accusation 
which no man ventured to make to his living face. If we are 
now called upon to credit the utterly improbable story that he 
bartered his honor and his country for a paltry sum of money,. 
it can only be on evidence unmistakable, abundant, and con- 
clusive. 

In the judgment of your committee, the allegations of Mr. 
Bancroft impugning the integrity of Gen. Sullivan are unsup- 
ported by the evidence, and are unworthy of credence ; and 
justice to the memory of Gen. Sullivan, to say nothing of a 
regard for his own accuracy and fairness as a historian, calls 
upon Mr. Bancroft to retract the offensive charge without delay. 

CHARLES H. BELL. 
W. H. Y. HACKETT. 
J. EVERETT SARGENT. 
N. BOUTON. 
J. B. WALKER. 
JOHN ELWYN. 



PROCEEDINGS ANNUAL MEETING. IO5 

ANNUAL MEETING. 



Concord, N. H., June 14, 1S76. 
The fifty-fourth annual meeting of the society was held in its 
library room this day, at eleven o'clock a. m., the president in 
the chair. 

The reading of the record of the last meeting was dispensed 
with. 

The report of the corresponding secretary, Rev. Dr. Bouton, 
that of the treasurer, Mr. Samuel S. Kimball, and that of the 
librarian, Mr. Samuel C. Eastman, were severally read and 
accepted. 

Mr. Joseph B. Walker made a verbal report from the stand- 
ing committee, and recommended the passage of a vote direct- 
ing the standing committee, so far as the funds of the society 
will admit, to procure the binding of the newspapers belonging 
to the society yet unbound, and to procure suitable shelves for 
their accommodation in the room of the librarian. The report 
was accepted, and the vote passed. 

Committees were appointed to nominate officers and new 
members. 

The president addressed the society respecting the manu- 
script papers of Daniel Webster presented to the society by 
Hon. Peter Harvey, of Boston. 

Mr. Harvey also addressed the society, giving interesting 
reminiscences of Mr. Webster. 

Mr. J. J. Bell offered the following resolutions, which, hav- 
ing been seconded by Judge Nesmith, who suggested the 
desirableness of early publishing a volume of the Webster cor- 
respondence, were unanimously adopted : 

Resolved by the New Hampshire Historical Society : — 
1. That they assure the Hon. Peter Harvey of their deep and lasting 
gratitude for his priceless donation of the manuscripts of the illustrious 
statesman, orator, and patriot, whose fame, though national, must ever 
be peculiarly dear to every citizen of this state. 



io6 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



2. That they accept these memorials of Daniel Webster, with a due 
sense of the great value and importance which they will always possess ; 
that they engage to preserve them carefully and securely, and to con- 
form to such regulations respecting them as shall meet the approval of 
the donor. 

3. That the gift is rendered peculiarly interesting and acceptable, as 
it comes from the trusted and intimate friend of Webster during the 
most distinguished period of his public career, and as it expresses his 
confidence in the permanence and character of the society. 

4. That, until otherwise ordered, the Webster Papers shall be kept 
at all times in the fire-proof vault, and shall be open to inspection only 
in the presence of the librarian or his assistant, and upon a special writ- 
ten application, approved in writing by the president or one of the vice- 
presidents and a majority of the standing committee, which application 
and approval shall be preserved in the files of the society. 

5. That Mr. Harvey is respectfully solicited to permit his portrait to 
be painted for the society, to be hung up in the hall, that the lineaments 
of the confidential associate of Webster, and of one of the principal 
benefactors of the society, may never, on this spot, pass out of memory. 

On motion of Mr. J. B. Walker, — 

Resolved, That the president and Rev. Dr. Bouton be hereby ap- 
pointed a committee to carry into effect the provisions of the foregoing 
resolutions. 

The thanks of the society were voted to J. Hamilton Shap- 
ley, Esq., for the presentation of two grape-shot taken from 
the ammunition of the Privateer Fox at the close of the War of 
1812-15. 

Adjourned till 2 o'clock p. M. 



AFTERNOON SESSION. 

The society met according to adjournment, the president in 
the chair. 

Mr. Joseph Dow, from the committee appointed to nom- 
inate officers, reported as follows : 

President— Charles H. Bell; Vice-Presidents— Benjamin F. Prescott, 
Jonathan E. Sargent; Corresponding Secretary— Nathaniel Bouton; 
Recording Secretary— Amos Hadley ; Publishing Conunittee— -William 






PROCEEDINGS — ANNUAL MEETING. IC«7 

L. Foster, John J. Bell, Albert R. Hatch ; Standing Committee— Joseph 

B. Walker, Ebenezer S. Tovvle, Enoch Gerrish : Auditing Committee — 
Woodbridge Odlin, Joseph C. A. Hill ; Library Committee— Joseph B. 
Walker, John J. Bell, John A. Harris; Treasurer— Samuel S. Kim- 
ball ; Librarian — Samuel C. Eastman. 

The report was accepted, and the gentlemen therein nom- 
inated were elected to the offices for which they were desig- 
nated. 

Mr. J. E. Sargent, from the committee appointed to nom- 
inate new members, reported the following persons, who were 
unanimously elected : 

RESIDENT MEMBERS. 

Austin T. Sanger, George H. H. Silsby, Luther P. Durgin, Josiah B. 
Sanborn, Peter Sanborn, Stillman Humphrey, Howard A. Dodge, John 

C. Thorn, of Concord; Zimri S. Wallingford, John Bracewell, Charles 
H. Sawyer, of Dover; George N. Eastman, of Farmington ; Alexis 
Proctor, of Franklin; Cyrus Eastman, Charles F. Eastman, of Little- 
ton; Dr. R. J. P. Goodwin, of Manchester; Elliot E. Cogswell, of 
Northwood ; Rev. Alfred Elwyn, George E. Goodwin, of Portsmouth ; 
Charles S. Whitehouse, of Rochester. 

CORRESPONDING MEMBERS. 

Charles Levi Woodbury, Boston ; Gustavus V. Fox, Lowell, Mass. ; 
Rev. Silas Ketchum, Maplewood, Mass. 

HONORARY MEMBERS. 

Dr. Alexander T. Watson, Dresden, Saxony ; Prof. U. Beljame, Paris, 
France. 

Rev. James DeNormandie read a memoir of the late John 
Elwyn, of Portsmouth. The thanks of the society were ten- 
dered to Mr. DeNormandie, and a copy of his interesting paper 
was requested for deposit in the archives of the society. 

Mr. W. L. Foster presented the report of the Publishing 
Committee, which was accepted. 

[Vice-President Sargent in the chair.] 

Mr. John J. Bell was appointed a delegate— with such others 
as the standing committee might join — to attend the Archae- 
ological Convention to be held in Philadelphia, September 4 ; 



io8 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



and the standing committee was also authorized to appoint del- 
egates to the Convention of Historical Societies to be held in 
Philadelphia, August i, 1876. 

Rev. Dr. Bouton called the attention of the society to sundry 
interesting matters, including copies of valuable papers pre- 
sented by Senator Cragin, and also a memoir of Gen. James 
Reed, prepared by Amos J. Blake, Esq., of Fitzwilliam. 

This memoir was read, and the thanks of the society were 
tendered to Mr. Blake for the same. 

The thanks of the society were also tendered to Senator Cra- 
gin for the copies of valuable papers presented by him. 

On motion of Mr. J. B. Walker, Mr. B. F. Prescott was 
appointed a committee to solicit of the family of the late Gov. 
Plumer, for preservation in the archives of this society, such of 
his manuscripts and other papers as they may be willing to 
place here for use and preservation. 

On motion of the same gentleman, it was voted that a tax of 
three dollars be levied upon each resident member of the society 
for the year iS76-'7 ; and that a member paying two dollars in 
addition to his tax shall be entitled to the 9th volume of Pro- 
vincial Records. 

It was also voted that volumes 1 and 2 of the Provincial 
Papers shall not be sold save for the purpose of completing 
sets; and that the price of copies sold shall be $5 for volumes 
1 and 2, and $4 for the others. 

On motion of Rev. Dr. Bouton, Mr. C. F. Stewart was ap- 
pointed a committee to confer with Admiral Henry K. Thatcher, 
in relation to papers of Gen. Henry Knox in his possession, 
with a view to obtaining them for the use of the society. 

On motion of Mr. Sylvester Dana, Rev. Dr. Bouton was re- 
quested to prepare a memoir of the late William B. Towne. 

Messrs. J. B. Walker, W. L. Foster, and Sylvester Dana 
were appointed a committee to select an orator for the next 
annual meeting. 

The society then adjourned. 



GEN. JAMES REED. 



Sketch of his Life and Character, by Amos J. Blake, of 
Fitz WILLI am. 



Gen. James Reed, the original proprietor of Monadnock 
Number 4, now Fitzwilliam, N. H., was a native of Woburn, 
Mass., where he was born in the year 1724. He was a descend- 
ant, in the fifth generation, of William and Mabel Reed, who 
sailed from London, July, 1635, and arrived in Boston in Octo- 
ber the same year, and in 164S settled in Woburn. He was 
the eldest son of Joseph and Sarah (Rice) Reed, of Woburn. 
His ancestors had lived in Woburn since the settlement of 
William, the emigrant. Of the early life and education of 
James Reed, no record remains. His official papers and cor- 
respondence, while they bear evidence of superior abilities, show 
that his literary advantages, like those of many of his contem- 
poraries, were somewhat limited. He married Abigail Hinds, 
of New Salem, and first settled in Brookfield, and afterwards in 
that part of Lunenburg now Fitchburg. His dwelling stood 
upon the site of the present city hall. The records of both 
Brookfield and Lunenburg show him to have been a member of 
the church in both places. His military life commenced in 
1755, when he served in the campaign against the French and 
Indians, commanding a company of provincial troops under 
Colonel Brown. In the same capacity he served with Gen. 
Abercrombie in 175S at Ticonderoga, and with Gen. Amherst 
* n 1 7S9- He was employed in various public services until the 
peace of 1763. In the year 1765 he settled in Fitzwilliam, and 
in 1770 he received the commission of lieutenant colonel. 

The lapse of time has hidden from view a detailed account of 
his services in these campaigns; but his early selection by his 
countrymen for the command of a regiment at the beginning of 
the Revolution indicates that his military career was creditable 



HO NEW HAMPSHIRE HISTORICAL SOCIETY. 

to himself, and valuable to his country. It was in this severe 
school that he, like many of the officers of the Revolution, ac- 
quired that military skill which gave strength and efficiency to 
the continental army. On the 19th of May, 1773, Col. Reed, 
with several others, received a grant of Fitzwilliam, or Monad- 
nock No. 4, from John Wentvvorth, the provincial governor of 
New Hampshire. 

In 1770, he, with his family, settled about a mile north-west 
of the centre village in Fitzwilliam, where he erected a large 
and commodious house. Being the owner of a considerable 
portion of the area of the town, he was actively employed in 
promoting its settlement, and for those times was considered 
wealthy ; and the first school in Fitzwilliam was taught in his 
house by Miss Sarah Harris at the age of seventeen. His 
name appears upon the records as the leading spirit of the 
town. 

He was proprietors' clerk, and moderator of the town-meet- 
ings for several years after its incorporation. On the breaking 
out of the Revolution, he was among the first to embrace the 
cause of his country, and serve in its defence. Upon the tid- 
ings of the battle of Lexington, he raised a company of volun- 
teers, and marched at their head to Medford. His ardor in the 
cause did not permit him to be idle. He continued to enlist 
volunteers, and soon had four companies enrolled under his 
standard. He afterwards repaired to Exeter, and was ap- 
pointed colonel of a regiment by the New Hampshire provin- 
cial assembly on the first of June, 1775. On the following day- 
he received verbal orders from Gen. Folsom at Exeter to re- 
pair to the western part of the state, and collect the men which 
he had previously enlisted for the service ; and in pursuance 
therewith he immediately set out to collect and organize his 
regiment. 

He was at Fitzwilliam on the Sth of June, as appears by his 
letter of that date to the provincial congress, recommending the 
appointment of Andrew Colburn, of Marlborough, major of 
the next regiment which should be raised. He soon after 
marched his command to Cambridge. By his communication 
to the committee of safety at Exeter, we learn that he arrived 
there on the twelfth of the month. He waited on Gen. Ward, 



GEN. JAMES REED. 



Ill 



who ordered his command to Medford, on account of the 
throng of soldiers at Cambridge. 

On reaching Medford, he was informed by Colonel Stark that 
no quarters could be there obtained. In this dilemma, he again 
applied to General Ward, who issued the order " that Col. 
Reed quarter his regiment in the houses near Charlestown 
Neck, and keep all necessary guards between the barracks and 
ferry and on Bunker Hill." On the thirteenth he marched his 
regiment to the Neck, where they obtained good quarters. On 
the fourteenth he issued regimental orders, twelve in number. 
They were stringent in their terms, and from their tenor they 
indicate that the position of the regiment was an important one, 
and that vigilance was necessary for the safety of the command. 
The same day he wrote a communication to the committee of 
safety at Exeter, giving a detailed account of his movements 
since he had left Exeter, and closed by stating the want of a 
chaplain, surgeon, and armorer for his regiment. On the fif- 
teenth he issued supplementary orders, which added to the 
stringency and efficiency of the former. A better idea of this 
order may be gathered by giving it entire : 

"Charlestown, June the 15, 1775. 
"■Regimental Orders — The main Gard this day is to consist of one 
Capt. 2 Luts. 4 Sergeants, 4 Corporals and 50 privets. The Capt. of 
the main Gard is to keep a trusty Sergeant with the Sentrys in the 
Street below the Gard house to examine all passangers. Let none pass 
without showing proper passes in the day time and none to pass after 
Nine O'clock at night without giving the countersine, and no sentry is 
to set down on his post and when any field officer passes them to stand 
with their firelocks rested; no soldier is to swim in the water on the 
Sabbath day, nor on any other day to stay in the water longer than is 
necessary to wash themselves. 

(Signed) James Reed Coll." 

This order is characteristic of the man, and shows that no 
lack of discipline and vigilance was allowed in his command, 
that they might be prepared for a movement, which, it is 
reasonably inferred, he was aware would soon be made. The 
crisis was close at hand. On the morning of the memorable 
17th of June he was the first officer of his rank on the field, and 
his the only regiment from New Hampshire ready for action on 



112 NEW HAMPSHIRE HISTORICAL SOCIETY. 

the morning of the battle of Bunker Hill. He was stationed 
on the left wing by the rail fence, where he was joined at two 
o'clock in the afternoon by Colonel Stark. This was by all 
accounts the hottest as well as the best fought portion of the 
field. The ready genius of Colonel Reed designed the parapet, 
which, constructed by the brave soldiers of New Hampshire 
under fire of the enemy's batteries, so wonderfully preserved 
them from the disasters of the day. 

This parapet consisted of a breastwork of stones, hastily 
thrown across the beach to Mystic river, and a rail fence 
extending up the hillside to the redoubt. It was in front of this 
breastwork that the British lines were three times hurled back 
under the deadly fire of Reed and Stark. Here the most effi- 
cient fighting was done, and here the greatest number of dead 
were lying when the battle had ceased. After the third and 
last repulse, the New Hampshire troops raised the shout of 
victory, rushed over the fence, and pursued the retreating foe, 
until restrained by Colonel Stark. 

This post, so nobly defended through the action, and so res- 
olutely maintained against the last assault of the British after 
the redoubt had fallen, defeated General Howe's design of cut- 
ting off the main body. After the redoubt had given way, this 
heroic band slowly retreated, and Col. Reed was the last officer 
who left the field. 

He remained with the army after its command was assumed 
by General Washington, being posted on Winter Hill ; and upon 
the reorganization of the forces on the first of January, 1776, 
his regiment was ranked second in the continental army. The 
evacuation of the British troops on the seventeenth of March 
concluded the siege of Boston, and Colonel Reed accompanied 
the army on its movement to New York on the following 
April. On the twenty-fourth of April he was put into the 
third brigade under General Sullivan, and was soon after 
ordered up the Hudson to relieve the force under Arnold. 

The following receipt, extracted from the American Archives, 
given on his departure from New York, serves to illustrate the 
confidence reposed in Colonel Reed : 

"New York April 29 th 1776. 

"Then received from Gen. Washington three boxes, said to contain 



GEN. JAMES REED. 



ll 3 



three hundred thousand dollars, to be delivered to Gen. Schuyler at 
Albany. 

(Signed) James Reed." 

The money above alluded to was doubtless for the payment 
of Schuyler's army. 

Sullivan's command passed over the ground which was famil- 
iar to Colonel Reed by his campaigns in the previous wars, as 
far as the mouth of the river Sorel. Here they met the retreat- 
ing army, and Gen. Sullivan assumed the command. Colonel 
Reed's skill and fortitude in the conduct of the retreat are highly 
spoken of. On one occasion, in the absence of Arnold, he 
received and held a talk with the chiefs of some Indian tribes. 
It was managed with address, and successfully concluded by 
Colonel Reed ; and the pledges of their friendly disposition 
were transmitted by him to the president of congress. The 
retreat reached Ticonderoga on the first of July, 1776. 

A worse foe than the enemy at this time attacked the Ameri- 
can army. Disease, the unfailing attendant of hardships and 
exposure, now broke out, and prevailed to an alarming extent. 
Small-pox, dysentery, and malignant fever rapidly thinned the 
ranks of the patriot army. Colonel Reed was attacked with 
fever at Crown Point, and, perhaps for want of proper medical 
treatment, suffered the loss of his sight. This calamity termi- 
nated his prospects for any further usefulness in the service 
of his country. It was while thus suffering from dangerous 
illness he was created a brigadier general of the continental 
army. He was appointed by congress on the ninth of August, 
1776, on the recommendation of Gen. Washington. 

On the second of September, Gen. Gates speaks of him as so 
ill at Fort George that he would probably not be fit for service 
in that campaign. 

He received orders from Gen. Washington to join him at 
head-quarters, but on account of sickness was unable to com- 
ply. He eventually retired from the army on half pay, until 
the close of the war. 

He returned to Fitzwilliam, where he resided until the year 
1783, when he moved to Keene. Here his wife, Abigail, died. 
The following inscription was taken from the large head-stone 
of slate erected to her memory in the cemetery at Keene : 



114 NEW HAMPSHIRE HISTORICAL SOCIETY. 

" In memory of Mrs. Abigail, wife of Genl. James Reed, 
who departed this life August 27 th , 1791, in the 6S th year of 
her age. 

" There's nothing here but who as nothing weight. 
The more our joy the more we know it's vain ; 
Lose then from earth the grasp of fond desire, 
Weigh anchor and some happier clime explore." 

Hale, in his "Annals of Keene," says that " General Reed r 
whose ordinary residence was Fitzwilliam, is remembered here 
as an aged blind man, and as almost daily seen, after the close 
of the war, walking up and down Main street, aided and guided 
by Mr. Washburn, who was paralyzed on one side." 

He resumed his residence in Fitzwilliam, where he married 
for his second wife Molly Farrar, of the same town. About the 
year 1800 he removed to Fitchburg, where he spent the re- 
mainder of his days. He died at Fitchburg February 13, 1807, 
aged 83 years, and was buried with military honors. In the 
old burying-ground at Fitchburg stands his monument, quite 
elaborate for the times, which bears the following quaint in- 
scription : 

" In the various military scenes in which his country was 
concerned, from 1 755 t° tne superior conflict distinguished in 
our history as the Revolution, he sustained commission in that 
Revolution. At the important post of Lake George he totally 
lost his sight. From that period to his death, he received from 
his country the retribution allowed to pensioners of the rank of 
brigadier general." 

In all the relations of a long and useful life. General Reed 
sustained the highest character for honesty and integrity. In 
the numerous records relating to him, there is naught found but 
words of praise. Wherever his name is mentioned by his 
comrades in arms, from Washington down, it is in terms of 
commendation and eulogy. He was emphatically a Christian 
warrior. In the church records of the various towns where he 
resided his name is enrolled among the records of each, and his 
military orders bespeak the Christian as well as the soldier. 
Upon the records of the Congregational church in Fitzwilliam 
we find the following : 



GEN. JAMES REED. 



"5 



" James Reed admitted March 27 th 1771." 
u Dismissed to church in Keene June 29^ 17S3." 
"Abigail Reed admitted September 22 nd 177 1." 
" Dismissed to church in Keene June 29 th 17S3." 
Gen. Reed's family consisted of six sons and five daughters. 
His descendants are quite numerous, and among them are 
found brilliant names in different parts of our country. Two of 
his sons, Sylvanus and James, served in the war of the Revolu- 
tion. Sylvanus was an ensign in his father's regiment. His 
commission, which is still preserved, bearing date January 1, 
1776, is signed by John Hancock, president of congress. He 
was adjutant in the campaign of 177S under Gen. Sullivan, and 
was afterwards promoted to the colonelcy of a regiment. He 
served through the war, and died at Cambridge, Mass., in 1798. 
James Reed, Jr., also served through the war. He was dis- 
abled in service, and died a pensioner at Fitzwilliam, February 
19, 1S36, at the age of S9 years. 



VOL. IX. 



10 



ir6 NEW HAMPSHIRE HISTORICAL SOCIETY. 

ANNUAL MEETING. 



Concord, N. H., June 13, 1S77. 

The fifty-fifth annual meeting of the society was held at its 
library room, this clay, at eleven o'clock a. m., Hon. J. E. Sar- 
gent, one of the vice-presidents, in the chair. 

The record of the last meeting was read and approved. 

The report of the corresponding secretary, Rev. Dr. Bouton, 
was presented and accepted. The request with which the 
report closed, that the author be relieved from further service 
as corresponding secretary, was, on motion of Mr. J. J. Bell, 
referred to the committee hereafter to be appointed for the 
nomination of officers. 

Sundry papers, accompanying the corresponding secretary's 
report, were read, comprising letters from Hon. Charles H. Bell, 
written from London, respecting the late Hon. Lorenzo Sabine ; 
from A. Beljame. of Paris, and Alexander T. Watson, m. d., of 
Saxony, accepting honorary membership; also an item of the 
late F. O. J. Smith's will, conditionally bequeathing ten thou- 
sand dollars to the society, to be denominated the u F. O. J. 
Smith Fund ;" also a communication from an association in 
San Francisco, Cal., called "Sons of Revolutionary Sires." 

Mr. Samuel S. Kimball, treasurer, presented his report, 
which was accepted. This report showed debits amounting to 
$1,637.69; credits, $688.46; balance on hand, $949.23. 

Mr. Joseph B. Walker, from the standing committee, made 
a report respecting the arrangement and binding of the news- 
papers belonging to the society, which work had been vigor- 
ously prosecuted during the year. The report recommended 
the appointment of a committee, consisting of gentlemen in dif- 
ferent parts of the state, to aid in completing imperfect news- 
paper files. The report also suggested the expediency of 
appointing a committee upon the legacy of F. O. J. Smith, in 
suspense in the Court of Errors of the state of New York. 

Mr. D. F. Secomb, who had been engaged during the year 
in arranging and procuring the binding of newspapers, made a 



PROCEEDINGS ANNUAL MEETING. 



117 



statement, supplemental to the standing committee's report, by 
which it appeared that the papers had been arranged in files; 
fifty volumes had been bound ; one hundred fifty-four volumes 
stitched together, and provided with strong paper covers; and 
the remainder tied up in volumes. 

The report of the committee and the accompanying state- 
ment were accepted. 

Mr. Samuel C. Eastman, librarian, presented his report, 
which was accepted. The request with which the report 
closed, that the author be excused from further service as libra- 
rian, was referred to the committee on the nomination of offi- 
cers. The report stated that the library had been open every 
Tuesday during the year, also every day during the session of 
the legislature, and at least half of the time for the remainder 
of the year. Mr. W. K. Bartlett had continued his services as 
assistant librarian during a part of the year ; but Mr. D. F. 
Secomb being in the employ of the standing committee in 
arranging the newspapers, it was thought inexpedient to have 
two persons in the employ of the society, and accordingly Mr. 
Secomb was made assistant librarian, with the understanding 
that he was to continue his work on the newspapers. The 
report adds,— " Mr. Bartlett has worked faithfully and efficiently 
for the Society, and deserves honorable mention and thanks." 
It also appeared from the same report that the additions to the 
library during the year had been 1,097 pamphlets and 354 vol- 
umes. Of these, SS pamphlets and 12 volumes were obtained 
by exchange, and the others by gift. 

Rev. Dr. Bouton presented a communication from A. H. 
Hoyt, Esq., of Boston, enclosing a letter from Anna Farrar 
Crane, of Boston, offering a collection of letters and papers be- 
longing to her father, the late Hon. Timothy Farrar, ll. d., 
to be kept together and called " The Farrar Papers," and none 
of them to be taken from the society's building by any one on 
any pretext : whereupon, — 

Voted, That the N. H. Historical Society accept, with thanks, and 
upon the conditions proposed by the donor, the gift by Mrs. Anna Far- 
rar Crane of letters and papers belonging to her father, the late Hon. 
Timothy Farrar, ll. d. 



n8 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



[Gov. Prescott in the chair.] 

Committees to nominate officers and new members were 
appointed. 

On motion of Rev. Dr. Bouton, a committee of three was 
appointed by the chair to consider the name "Kearsarge," con- 
sisting of Rev. Dr. Bouton of Concord, Hon. Gustavus V. Fox 
of Boston, and John M. Shirley, Esq., of Andover. 

Gov. Prescott presented, for the author, Rev. Henry A. 
Hazen of Billerica, Mass., a work entitled "The Congrega- 
tional and Presbyterian Ministry and Churches of New Hamp- 
shire," which was accepted. 

Mr. Frank W. Hackett, of Portsmouth, offered the following 
resolution, which was adopted : 

A resolution in favor of early legislation to comply with the request 
of Congress to send statues to the Hall of Representatives at Wash- 
ton : — 

Whereas, His Excellency the Governor, in his annual message to 
the present legislature, recommends suitable legislation to enable the 
state to comply with the request of Congress to each of the states to 
place the statues of two of its prominent citizens in the old Hall of the 
House of Representatives at Washington: — 

Resolved, That the New Hampshire Historical Society views this rec- 
ommendation with hearty approval, and urges upon our senators and 
representatives the propriety of early legislation to accomplish this 
desirable result. 

Resolved, That a copy of these resolutions be sent to the Honorable 
President of the Senate and the Speaker of the House. 

Mr. W. H. Y. Hackett, from the committee to nominate 
officers, made a report, which was accepted, and the following 
gentlemen were elected to the offices, as therein designated, as 
follows : 

President — Charles H. Bell ; Vice-Presidents — Benjamin F. Prescott, 
Jonathan E. Sargent; Corresponding Secretary — Nathaniel Bouton; 
Recording Secretary — Amos Hadley ; Publishing Committee — William 
L. Foster, John J. Bell, Albert- R. Hatch ; Standing Committee — Joseph 
B. Walker, E. S. Towle, Enoch Gerrish; Auditing Committee — Wood- 
bridge Odlin, Joseph C. A. Hill ; Library Committee — Joseph B. Walker, 
John J. Bell, John A. Harris; Treasurer — Samuel S. Kimball; Libra- 
rian — Samuel C. Eastman. 



PROCEEDINGS — ANNUAL MEETING. I 19 

The reading of papers was assigned to two o'clock p. m. 

On motion of Mr. Joseph B. Walker, a committee was ap- 
pointed by the chair to secure the perfection of the present 
newspaper and pamphlet files of the society, consisting of 
Messrs. S. C. Gould of Manchester, John A. Harris of Con- 
cord, and Frank W. Hackett of Portsmouth. 

On motion of Mr. S. C. Eastman, a pamphlet entitled "Facts 
about the Carroll County Kearsarge Mountain of New Hamp- 
shire, read before the Appalachian Mountain Club by G. V. 
Fox," was referred to the committee appointed to consider the 
name " Kearsarge." 

On motion of Mr. P. B. Cogswell, — 

Voted, That a tax of three dollars be levied upon each resident mem- 
ber of the society for the year 1877-8 ; and that any member paying 
two dollars in addition to his tax shall be entitled to the tenth volume 
of Provincial Records. 

On motion of Mr. Joseph B. Walker, a committee was ap- 
pointed by the chair to take such measures as may tend to 
secure the legacy of F. O. J. Smith, consisting of Messrs. Jo- 
seph B. Walker, Charles H. Bell, and W. H. Y. Hackett. * 

Adjourned till two o'clock p. m. 



AFTERNOON SESSION. 

The society met according to adjournment, Gov. Prescott in 
the chair. 

Rev. Dr. Bouton read a memoir of Hon. Nahum Parker, by 
his son Hon. Amos A. Parker, of Fitzwilliam, which was 
ordered to be placed on file in the archives of the society. 

Rev. Silas Ketchum read a paper on " The Importance of 
Preserving the Original Sources of History." 

Admiral Thatcher read a memoir of Gen. Henry Knox. 

On motion of Mr. J. B. Walker, the thanks of the society 
were tendered to Messrs. Ketchum and Thatcher for their inter- 
esting and instructive papers, and copies of the same were 
requested for deposit in the archives of the society. 






120 NEW HAMPSHIRE HISTORICAL SOCIETY. 

On motion of Mr. G. G. Fogg, the committee on the name 
" Kearsarge" were requested to report such facts as they might 
be able to collect at a future meeting of the society, of which 
due notice should be given. 

On motion of Mr. D. F. Secomb, the corresponding secre- 
tary read a brief paper, written by Hon. Amos A. Parker, of 
Fitzwilliam, upon the visit of Gen. Lafayette to New Hamp- 
shire, in 1S25. 

On motion of Mr. C. F. Stewart, it was voted that Hon. 
Amos A. Parker be invited to deliver an address on the " Visit 
of Lafayette to New Hampshire," in the Senate Chamber, at 
eight o'clock p. M., June 14th inst. 

Mr. S. C. Eastman, from the committee to nominate new 
members, reported the names of the following persons, who, 
after the acceptance of the report, were unanimously elected 
members of the society. 

RESIDENT MEMBERS. 

Austin T. Sanger, William M. Chase, of Concord ; Amos Andrew 
Parker, of Fitzwilliam ; Albert L. Eastman, of Hampstead; Hiram 
Blake, Royal H. Porter, John W. Sturtevant, of Keene; John J. Pick- 
ering, Titus Salter Tredick, Alfred Elwyn, Samuel Langdon, of Ports- 
mouth ; Joseph B. Abbott, of Richmond ; Jeremiah Blodgett, of Went- 
worth. 

CORRESPONDING MEMBERS. 

Dr. Henry L. Butterfield, Waupun, Wis. ; Henry W. Wadleigh, Bos- 
ton, Mass. ; Jonathan Cilley, Thomaston, Me. 

Adjourned. 



LETTER OF MR. BELL. 



London, England, 

19 May, 1S77. 

Dear Sir : I have heard with sincere sorrow of the recent 
death of our esteemed and valued friend, Hon. Lorenzo Sa- 
bine. It seems to me peculiarly proper that some notice should 
be taken at the annual meeting of the N. H. Historical Society 
of the loss of one so eminent in the department of historical 
literature, connected as he was, especially, with our society and 
our state. 

Mr. Sabine was a native of Lisbon, N. H., and though the 
greater part of his life was passed in Maine and Massachusetts, 
he always cherished a cordial affection for the state of his nativ- 
ity, and felt pride in her prosperity and good fame. His name 
has been for some years upon the roll of honorary members 
of our society, and he was most kindly and generously disposed 
towards us. 

Throughout his long life Mr. Sabine was a model of system- 
atic and persevering industry. With few early advantages, 
and constantly engaged, from his youth up, in exacting busi- 
ness pursuits, he yet found time to acquire a thorough educa- 
tion, in the best sense of the term, as well as to perform an 
amount of literary work which alone would be no unworthy 
fruit of a life-time of labor. 

His principal publication, the " Loyalists of the American 
Revolution," is a monument of patient industry. The mate- 
rials for its composition had to be rescued from oblivion from a 
thousand scattered sources, and in disjointed fragments, demand- 
ing unwearied pains, nice discrimination, and wide and exact 
knowledge to shape them into consistency and harmony. How 
admirably the work was accomplished every student of the 
Revolutionary period of our country's history can bear witness. 
Mr. Sabine's 4i Report on the Fisheries," though of a less pre- 
tending character, cost its author an incredible deal of study 



122 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



and research, and is also a most valuable contribution to our 
national history. It is worthy of remark, that the field explored 
in each of these works was before almost untrodden, thereby 
rendering the difficulties of the task proportionately greater. 

No adequate mention is possible in this brief communication 
of the other varied productions of Mr. Sabine's unwearied pen; 
but everything which emanated from that source was sure to 
be accurate, well-considered, and of sterling value. Nor is it 
necessary to mention his experience as a member of congress 
farther than to say that he discharged faithfully his official 
duties, beside diligently employing the facilities which the posi- 
tion afforded him to gather the materials for his favorite history. 

Towards the latter part of his life, Mr. Sabine took much 
pleasure in collecting a choice and valuable library. It was 
his intention to admit into it none but works of standard excel- 
lence, of the best editions, and in fine condition. When com- 
plimented on the beauty and worth of the collection, he boasted, 
with honest pride, that it was purchased entirely with the prof- 
its of his literary labors, — a consideration which must greatly 
enhance its interest and value to any future possessor thereof, 
as it did to himself. 

In private life Mr. Sabine was all that was honorable and 
estimable. In his domestic relations, no man was more true, 
tender, and affectionate. His social qualities were of a rare 
order. He possessed a never-failing fund of information and 
anecdote, upon which he delighted to draw for the amusement 
and fttruction of those about him ; and his genial manners 
and unaffected kindness endeared him to all who were so for- 
tunate as to gain admission to the circle of his friends. 

Mr. Sabine was also a thoroughly pure and good man. In 
the whole conduct of his life he was actuated by none but high 
and worthy motives. He has left an example which will serve 
as an encouragement to honest and earnest effort, and his mem- 
ory will be dear alike to the student of history and to the lover 
of moral worth. 

Very truly yours, 

CHARLES H. BELL. 
Rev. Dr. Bouton, 

Cor. Sec. N. H. Hist. Soc. 



I N 



HON. MUM PARKER 

Was a native of Shrewsbury, Mass. His father was Amos Par- 
ker, of Lexington, who moved into Shrewsbury in 1750, and 
was a brother of John Parker who commanded the company 
of militia on Lexington common at the commencement of the 
Revolutionary war, and was one of the eight men killed. His 
name is on the Lexington monument. Amos Parker was born 
July 26, 1723, and died December 23, 1790, aged 67. His wife, 
Anna Stone, was born October 21, 1726, and died Novem- 
ber 13, 1799, aged 73. They had nine children: the two old- 
est were born in Lexington, the others in Shrewsbury. The 
names of the children are, — 

Anna, who married Dea. Jonas Stone, of Shrewsbury. 

Amos, Jr., who settled in Hubbardston. 

Isaac, who settled in Westborough. 

Hollis, who settled on the homestead in Shrewsbury. 

Elisha, who settled in Gerry, and removed to Bakersfield, Vt. 

Ephraim, who settled in Fitzwilliam, N. H. 

Nahum, who also settled in Fitzwilliam. k 

Frederick, who was a clergyman, settled in Canterbury, N-. H. 

Elizabeth, who married Amos Whitney, of Worcester, Mass. 

It will be seen that there were two daughters and seven sons, 
of whom Nahum was the sixth. All the sons were more or less 
in the Revolutionary war, except the youngest. 

Nahum Parker moved into Fitzwilliam in March, 17S6, and 
settled on a farm on the east side of the town. He resided there 
until the day of his death, November 12, 1S39, and, as he was 
born March 4, 1760, was not quite So years of age. 

He held quite a number of offices during his life. He had 
eleven commissions as justice of the peace, of the quorum and 
throughout the state. His first commission is dated January 9, 
1794, and signed by Josiah Bartlett ; and the last is dated Decern- 



124 NEW HAMPSHIRE HISTORICAL SOCIETY. 

ber 20, 1S36, and signed by Isaac Hill. Of the eleven com- 
missions, three were signed by John Langdon, three by John 
T. Gilman, and one each by Josiah Bartlett, Samuel Bell, David 
L. Morril, Matthew Harvey, and Isaac Hill. 

He had three commissions as judge of the court of common 
pleas. The first is a commission as " Chief Justice of the 
Court of Common Pleas for the County of Cheshire," dated 
February 3, 1S07, and signed by John Langdon. The second 
is a commission as " an Associate Justice of our Circuit Court 
of Common Pleas for the Western Circuit," dated July 13, 1813, 
and signed by John T. Gilman. The third is a commission as 
" an Associate Justice of the Court of Common Pleas for the 
County of Cheshire," signed by William Plumer, and dated 
July 5,1816. 

June 13, 1806, he was chosen a senator in the congress of 
the United States, — Samuel Bell, speaker of the house of rep- 
resentatives, J. A. Harper, clerk of the senate, and Philip 
Carrigain, secretary of state. The commission is in the form 
of a joint resolution passed by both houses, not signed by the 
governor, nor bearing the seal of the state of New Hampshire. 
As his duties as senator interfered with those of judge of the 
court, at the end of three years he resigned. 

In 1790 he was chosen selectman of the town of Fitzwilliam, 
and held the office a few years. In 1794 he was elected a rep- 
resentative of the town to the general court, and reelected for 
quite a number of years. He was also elected as councillor for 
the fifth district, and in 1S2S senator to the general court from 
district No. 9. 

He was a self-educated man, and a great reader. Most of 
his leisure hours were spent among his books. At the time of 
his death he had quite a library — miscellaneous books, standard 
works, and elementary law books, such as Chitty's Pleadings, 
Blackstone's Commentaries, American Precedents, Story's 
Pleadings, &c, &c. If not "learned in the law," he was a 
good lawyer. It was sometimes surprising to see with what an 
irresistible grasp he would take hold of a subject and probe it 
to the bottom. 

During his long career in town he performed much public 
business, often moderator of town meetings, even when party 






HON. NAHUM PARKER. I 25 

politics were against him. Often he acted on important com- 
mittees, settled many estates, and for many years was the general 
expounder of the law in the town. 

At the early age of 16 he went into the Revolutionary army 
from Shrewsbury. How long he stayed there, there are no 
means at hand to determine. He kept a diary at the time, and 
if that could be consulted, the question might probably be set- 
tled. But it seems that some time in the year 1S17, when pen- 
sions were granted to all Revolutionary soldiers, he applied for 
a pension, and as evidence of services performed, sent to the 
secretary of war, J. C. Calhoun, his diary, accompanied by an 
affidavit stating that he was the identical man who performed 
the services mentioned therein, and at once received his pen- 
sion certificate, — the secretary remarking that the evidence was 
conclusive, for no. man could make such a diary as that with- 
out having performed the services. 

He was a man of fine personal appearance, pure in speech, 
and of sound morals. His health was remarkably good, he not 
deeming it necessary to consult a physician until a short time 
before his death. 

" Our fathers, where are they? — and the prophets, do they 
live forever ?" 



126 NEW HAMPSHIRE HISTORICAL SOCIETY. 

QUARTERLY MEETING. 



Concord, N. H., March 19, 1878. 

The society met this day in quarterly meeting, in room No. 
one in State House, at eleven o'clock a. m., the president, Hon. 
Charles H. Bell, in the chair. 

On motion of Mr. S. C. Eastman, the committee on the 
** Plumer Papers" was instructed to inquire what books and 
papers belonging to the late Gov. Plumer can be obtained for 
the society, and at what expense. 

On motion of the same gentleman, — 

Resolved, That Hon. George W. Nesmith be earnestly requested to 
prepare for publication, without delay, his personal recollections of 
Daniel Webster, and that this vote be communicated to him by the 
officers of the society. 

On motion of the same gentleman, the thanks of the society 
were tendered to ex-Gov. Onslow Stearns for the gift of his 
portrait for the library room. 

On motion of Mr. J. M. Shirley, it was voted that the pub- 
lishing committee be requested to proceed with the publication 
of a volume when sufficient material should be obtained. 

A committee to nominate new members was appointed, con- 
sisting of Messrs. John J. Bell, Samuel C. Eastman, and John 
M. Shirley, to report at the next annual meeting. 

On motion of Rev. Dr. Bouton, Hon. Charles H. Bell was 
appointed a committee to consider, in connection with the U. 
S. Coast Survey, the subject of the nomenclature of places 
along the coast, and to report at the next meeting of the society. 

Adjourned. 



PROCEEDINGS — ANNUAL MEETING. 



127 



ANNUAL MEETING- 



Concord, N. H., June 12, 187S. 

The fifty-sixth annual meeting of the society was held at its 
library room this day, at eleven o'clock a. m. 

The president, Hon. C. H. Bell, being absent, and neither 
of the vice-presidents being present, the society was called to 
order by the recording secretary, and Hon. W. H. Y. Hack- 
ett was appointed to the chair as president fro tempore. 

The records of the last annual and quarterly meetings were 
read and approved. 

The presentation of the report of the corresponding secretary 
being in order, Mr. Joseph B. Walker offered the following 
resolutions : 



Resolved, That we have learned with profound sorrow of the death 
of our late associate, Rev. Nathaniel Bouton, d. d., who has been for 
half a century a devoted friend of this society, and who, for the last 
thirty-four years, has discharged with marked ability the duties attach- 
ing to the office of its corresponding secretary. 

Resolved, That be hereby requested to prepare a memorial 

sketch of the life and services of Dr. Bouton, giving therein due atten- 
tion to his labors as a historian, and present the same to the members 
of this society at their next annual meeting, or at such other time as 
the president and standing committee may deem desirable. 

Resolved, That the recording secretary be hereby requested to send 
to the family of the deceased a transcript of the foregoing resolutions, 
and to furnish to the Daily Monitor and other newspapers of this city 
copies thereof for publication. 

The blank in the second resolution having been filled, on 
motion of Mr. J. J. Bell, by inserting the name ''Joseph B. 
Walker, Esq.," as the person designated to prepare a memorial 
sketch of the life and services of the late corresponding secre- 
tary, the resolutions were adopted. 

The report of the treasurer, S. S. Kimball, was presented, 
read, and accepted. The report showed debits (including bal- 



128 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



ance on hand from last year, $949.23) amounting to $1,848.03 ; 
credits, $374-35 ; balance on hand, $1 ,473.35. 

A verbal report from the standing committee was accepted. 

The librarian, Mr. Samuel C. Eastman, presented his re- 
port, which was accepted. It stated that the library had been 
open 125 days during the year, under the care of Mr. D. F. 
Secomb, assistant librarian. During the year, 3,726 pamphlets 
and 941 volumes had been received. Of these, 154 pamphlets 
and 51 volumes had been obtained by exchange, 259 pamphlets 
by purchase, and the remainder by gift. 

A committee was appointed to nominate officers. 

Mr. J. J. Bell, from the committee appointed at the last 
quarterly meeting to nominate new members, reported the 
names of the following persons, who, after the acceptance of 
the report, were elected members of the society, as follows: 

RESIDENT MEMBERS. 

Walter Harriman, Gustavus Walker, James O. Lyford, Frank H. 
Brown, of Concord ; Daniel W. Edgerly, of Farmington ; Thomas Cogs- 
well, of Gilmanton; Samuel C. Bartlett, of Hanover; E. P. Jewell, of 
Laconia; John B, Hill, of Mason; Edward H. Spalding, of Nashua; 
Lory Odell, of Portsmouth; James A. Edgerly, Joseph A. Stickney, of 
Somersworth. 

CORRESPONDING MEMBERS. 



George A. Gordon, Lowell, Mass. ; Charles S. Stearns, Charlestown, 
Mass. ; John T. Perry, Cincinnati, Ohio. 

On motion of Mr. J. B. Walker, — 

Voted, That the manuscripts and pamphlets, presented by the late Dr. 
Bouton to this society, be accepted on the conditions upon which they 
have been offered, and that they be placed by the librarian upon shelves 
selected for the purpose, and there plainly designated as " The Bouton 
Papers. 1 ' 

On motion of Mr. J. J. Bell, the society accepted the offer, 
from Hon. Gustavus V. Fox, of maps and letters relating to 
the " Kearsarge question," and the thanks of the society were 
tendered to him therefor. 

Mr. J.J. Bell presented, in behalf of Mr. James A. Edgerly, 



PROCEEDINGS — ANNUAL MEETING. I 29 

of Great Falls, a "Memoir of John Hanson, President of the 
Continental Congress," prepared by Douglas H. Thomas, of 
Baltimore, which was accepted, with the thanks of the society 
to the donor. 

On motion of Mr. P. B. Cogswell, the vacancy in the com- 
mittee on the name " Kearsarge," occasioned by the death of 
Rev. Dr. Bouton, was filled by the appointment of Prof. Charles 
H. Hitchcock, of Hanover. 

On motion of Mr. S. C. Eastman, it was voted that a tax of 
three dollars be levied on each resident member of the society 
for the year 187S-9. 

On motion of Hon. Charles Levi Woodbury, of Boston, a 
corresponding member, the committee already charged with 
the subject of the " Coast Names" in New Hampshire was or- 
dered to be enlarged by the addition of five members ; and also 
was instructed to consider and report as to the ancient names of 
rivers, mountains, hills, and lakes in this state, and what steps 
should be taken to preserve the ancient names, whether Indian 
or English. 

The committee constituted under the foregoing vote was 
made to consist of Messrs. C. H. Bell of Exeter, Gustavus V. 
Fox of Boston, John M. Shirley of Andover, Amos J. Blake of 
Fitzwilliam, Charles H. Hitchcock of Hanover, John S. Jen- 
ness of Portsmouth. 

Mr. George G. Fogg, from the committee to nominate offi- 
cers, reported a list. The report was accepted, and the follow- 
ing gentlemen were elected to the offices therein designated: 

President — Charles H. Bell ; Vice-Presidents — Benjamin F. Prescott, 
Jonathan E. Sargent ; Corresponding Secretary — George G. Fogg ; Re- 
cording Secretary — Amos Had ley; Treasurer — Samuel S. Kimball; 
Librarian — Samuel C. Eastman; Publishing Committee — William L. 
Foster, John J. Bell, John M. Shirley; Standing Committee — Joseph 
B. Walker, Joseph C. A. Hill, Sylvester Dana; Auditing Committee — 
Woodbridge Odlin, Arthur Fletcher; Library Committee — Joseph B. 
Walker, John J. Bell, Rev. James DeNormandie. 

Mr. J. M. Shirley made a statement respecting valuable cor- 
respondence of Daniel Webster, now in the possession of Prof. 



I30 NEW HAMPSHIRE HISTORICAL SOCIETY. 

Edwin D. Sanborn, of Dartmouth college, and he was author- 
ized to see what measures might be taken to secure their ulti- 
mate deposit with this society. 

Mr. Elvvyn, of Portsmouth, presented volumes of Pamphlets 
and Rhymes, by the late Hon. John L. Elwyn, which were 
accepted with thanks. 

Adjourned till 1 :45 p. m. 



AFTERNOON SESSION. 

The society met according to adjournment, Hon. J. E. Sar- 
ent, one of the vice-presidents, in the chair. 

The annual address was then delivered by John T. Perry, 
Esq., of Cincinnati, Ohio, his subject being, "The Credibility 
of History." 

On motion of Mr. J. B. Walker, the thanks of the society 
were tendered to the orator for his able and instructive address, 
and a copy of the same was requested for deposit in the archives 
of the society. 

Mr. J. J. Bell, from the committee to nominate new mem- 
bers, reported the following additional list, and the gentlemen 
therein named were unanimously elected members of the soci- 
ety, as follows : 

RESIDENT MEMBERS. 

Clarence E. Carr, of Andover; Rev. S. C. Beane, Rev. Charles E. 
Harrington, of Concord; George F. Mosher, of Dover; Joseph Bur- 
rows, of Plymouth ; A. H. Ladd, of Portsmouth ; David H. Buffum, of 
Somersworth. 

CORRESPONDING MEMBERS. 

Rev. Charles D. Barrows, Lowell, Mass.; William Perry Fogg, Cleve- 
land, Ohio; Hon. Charles W. Hutchinson, Utica, N. Y. 

On motion, the president, the corresponding secretary, and 
the recording secretary, were appointed a committee to select 
an orator for the next annual meeting. 

Adjourned. 



PROCEEDINGS — SPECIAL MEETING. 



*3* 



SPECIAL MEETING. 



Concord, N. H., February 17, 1879. 

The society met this day, at eleven o'clock a. m., at its 
rooms, in special meeting duly notified, the president in the 
chair. 

The president presented brief memorial notices of Peter Har- 
vey, Esq., and Hon. John S. Sleeper, both of Boston, and hon- 
orary members of the society, and of Hon. W. H. Y. Hackett r 
of Portsmouth, Ex-Gov. Onslow Stearns, and Abel Hutchins, 
Esq., of Concord, and Joseph W. Merrill, Esq., of Exeter, res- 
ident members, deceased since the last annual meeting. 

The president presented a deed of release of the library of the 
late Lorenzo Sabine, of Boston, to the society, in accordance 
with the intent of an unexecuted codicil to the will of the said 
Sabine, by the daughters of the testator ; also, the following res- 
olutions : 



Resolved, That the sincere thanks of the New Hampshire Historical 
Society be presented to Miss Abby Deering Sabine and Mrs. Matilda 
G. L. McLarren, the daughters of the late Hon. Lorenzo Sabine, for 
their ready and unsolicited fulfilment of the generous intentions of their 
father, by relinquishing to this society their residuary interest in his 
choice, extensive, and valuable library. 

Resolved, That this society accepts the generous gift of Miss Sabine 
and Mrs. McLarren, of their interest in the said library, books, pam- 
phlets, manuscripts, and pictures, upon the terms and conditions set 
forth in their deed of release thereof to the society, bearing date the 
1 2th day of October, 1878; and will, on its part, comply with all the 
stipulations of said instrument. 

Resolved, That a copy of the foregoing resolutions be forwarded to 
Miss Sabine and to Mrs. McLarren. 

Resolved, That the secretary enter upon the records a copy of said 
deed of release, and that the original be deposited in the fire-proof 
chamber of the society's building. 

The foregoing resolutions were adopted. 

On motion of Mr. J. J. Bell, the portion of the aforesaid 
deed of release pertaining to by-laws or regulations respecting 
VOL. IX. 11 



132 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



the library of Mr. Sabine, was referred to the library commit- 
tee, with full power in respect to effecting insurance upon the 
library now in possession of Mrs. Sabine, at Boston Highlands. 

On motion of the same gentleman, the standing committee 
was instructed to prepare and report appropriate notices or res- 
olutions upon the death of members of the society. 

Thanks were tendered to the family of the late Hon. W. H. Y. 
Hackett for the gift of a portrait. 

Mr. J. B. Walker was appointed to procure, if possible, for 
the society, certain papers left by the late Moody Kent, Esq. 

Adjourned. 



ANNUAL MEETING. 






Concord, N. H., June n, 1S79. 

The fifty-seventh annual meeting of the society was held this 
day, at eleven o'clock a. m., at its library room. 

In the absence of the president, the chair was occupied by 
Ex-Gov. B. F. Prescott, one of the vice-presidents. 

The records of the last annual and special meetings were read 
and approved. 

The corresponding secretary, Mr. George G. Fogg, made a 
verbal report, which was accepted. 

The report contained a statement respecting a communica- 
tion from the corresponding secretary of the historical society 
in Nova Scotia, concerning papers in Halifax pertaining to 
New Hampshire history; whereupon, on motion of Mr. J. B. 
Walker, the matter of the said historical papers in Halifax. 
N. S., was referred to the corresponding secretary of this soci- 
ety, to obtain further information concerning them. 

The report of the treasurer, Mr. S. S. Kimball, was pre- 
sented, read, and accepted. The report showed debits (includ- 
ing balance on hand from last year, $1,473-35) amounting to 
$2,007.46; credits, $214.46: balance on hand June 10, 1S79, 
$1,793.10; increase of society's funds during the year, $319.65. 



PROCEEDINGS — ANNUAL MEETING. 



*33 



On motion of Mr. J. B. Walker, the treasurer was requested 
to append to the next circular issued by him to members delin- 
quent in paying assessments, the provision of the by-laws pre- 
scribing the penalty for such delinquency. 

The librarian, Mr. S. C. Eastman, presented his annual re- 
port, which was read and accepted. The report stated that 
the library had been open about one third of the time during 
the year. The additions had been 305 volumes, 2,216 pam- 
phlets, and 4,000 newspapers. Of these 43 volumes and 602 
pamphlets were obtained by exchange, 5 volumes and 124 
pamphlets by purchase, at the price of old paper, and the re- 
mainder by gift. 

Committees were appointed to nominate officers and new 
members. 

A resolution was adopted ordering an assessment of three 
dollars upon each resident member for the year iS'jg-So. 

On motion of Mr. Frank W. Hackett, a committee of three 
was appointed by the chair, consisting of Messrs. Frank W. 
Hackett of Portsmouth, J. E. Sargent of Concord, and George 
W. Nesmith of Franklin, to take into consideration the best 
method, whether by legislation or otherwise, to secure the bet- 
ter preservation of the early town and other public records, and 
to report upon the subject at the next annual meeting. 

Mr. S. C. Eastman presented a communication from Hon. 
G. V. Fox, of the committee on the name ** Kearsarge," which 
was read. 

Mr. J. M. Shirley, of the same committee, presented a re- 
port, and having proceeded at some length in the reading of it, 
gave way to a motion to adjourn till two o'clock p. m., which 
motion prevailed, and the society adjourned. 



AFTERNOON SESSION. 

The society met according to adjournment, ex-Gov. Prescott 
in the chair. 

Mr. Shirley finished the reading of his report on the name 
" Kearsarge," the conclusion being that the name belongs of 
right exclusively to the mountain in Merrimack county. 



*34 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



The reports of Messrs. Shirley and Fox were ordered on file ; 
and, on motion of Mr. S. C. Eastman, it was voted that Mr. 
Fox be invited to compile, in compact form, his report this day 
presented, in his absence, and present the same at the next 
annual meeting of the society. 

On motion of Mr. Sylvester Dana, it was voted that Mr. 
Shirley have opportunity to add to his report on the name 
"Kearsarge" any other facts that he may see fit, before the 
next annual meeting of the society. 

Mr. J. M. Shirley, from the committee appointed to nom- 
inate officers, reported a list. The report was accepted, and 
the following named gentlemen were elected to the offices 
therein designated, as follows : 

President — Charles H. Bell ; Vice-Presidents — Benjamin F. Prescott, 
Jonathan E. Sargent; Corresponding Secretary — George G. Fogg; Re- 
cording Secretary — Amos Hadley ; Treasurer— Samuel S. Kimball ; 
Librarian — Samuel C. Eastman; Publishing Committee — William L. 
Foster, John J. Bell, Erastus P. Jewell ; Standing Committee— Joseph 
B. Walker, Joseph C. A. Hill, Sylvester Dana; Library Committee — 
Joseph B. Walker, Daniel F. Secomb, James DeNormandie. 

Mr. George G. Fogg, from the committee appointed to nom- 
inate new members, reported the following named persons, 
who, after the acceptance of the report, were unanimously 
elected members of the society : 



Isaac W. Hammond, Frank S. Streeter, William E. Stevens, Charles 
C. Pearson, Rev. Daniel C. Roberts, Joseph Wentworth, Henry Mc- 
Farland, Edward P. Gerould, Horatio G. Belknap, Moses R. Emerson, 
George E. Jenks, H. H. Metcalf, of Concord; William T. Norris, of 
Danbury; Dr. P. A. Stackpole, of Dover; Warren Brown, of Hamp- 
ton Falls; James W. Patterson, of Hanover; Solon A. Carter, of 
Keene; E. J. Durant, of Lebanon; Evarts W. Farr, of Littleton; 
George C. Gilmore, Rev. Henry Powers, Hiram K. Slayton, of Man- 
chester; George E. Foster, of Milford; George W. Todd, of Mont 
Vernon; Orrin C. Moore, of Nashua; Luther McCutchins, Nahum T. 
Greenwood, Daniel E. Colby, of New London; Edward A. Jenks, of 
Newport; Hiram A. Tuttle, of Pittsfield; Robert C. Pierce, James R. 
May, of Portsmouth ; Henry P. Warren, of Plymouth ; Charles H. 
Burns, of Wilton; Horace E. Chamberlin, of Concord. 



PROCEEDINGS — ANNUAL MEETING. 



135 



CORRESPONDING MEMBERS. 

George M. Elliott, Lowell, Mass.; Ben. Perley Poore, Col. Eben F, 
Stone, Newburyport, Mass. ; Hon. Charles R. Train, Rev. George E. 
Ellis, d. D., of Boston, Mass.; Hon. Edward A. Rollins, Philadelphia, 
Pa.; Hon. Angus Cameron, LaCrosse, Wis.; Gen. John B. Brown, 
Portland, Me. ; Hon. John Wentworth, Chicago, 111. ; Hon. Edmund L. 
Dana, Calvin Parsons, Wilkesbarre, Pa. ; William C. Crump, New Lon- 
don, Ct. ; Capt. George Eugene Belknap, Pensacola, Fla. 

Mr. J. B. Walker read a paper in memory of the late Rev. 
Dr. Bouton as a historian ; and, on motion of Mr. G. G. Fogg, 
thanks were tendered to Mr. Walker for his valuable paper, and 
a copy of the same was requested for deposit in the archives of 
the society. 

The society then adjourned to meet at 7 145 p. m., in the sen- 
ate chamher. 



EVENING SESSION. 

The society met in the senate chamber according to adjourn- 
ment, Vice-President Prescott in the chair. 

Mr. G. G. Fogg, from the committee to nominate new mem- 
bers, reported the name of Dr. John Wheeler, of Pittsfield, for 
a resident member of the society. The report was accepted, 
and Dr. John Wheeler was elected. 

On motion of Mr. G. G. Fogg, it was voted that Rev. James 
DeNormandie be invited to prepare and read to this society a 
memorial notice of the late Hon. William H. Y. Hackett, at 
the next annual meeting. 

The society then repaired to the representatives' hall, where 
the annual address was delivered, before a large audience, by 
Hon. James W. Patterson, of Hanover, his subject being, 
" Our Sectional Conflicts." 

On motion of Mr. J. B. Walker, thanks were tendered to 
the orator for his able and interesting address, and a copy of the 
same was requested for deposit in the archives of the society. 

Adjourned. 



REPORT OF THE MAJORITY OF THE COMMIT- 
TEE ON THE NAME "KEARSARGE." 



By John M. Shirley, Esq^. 



This society, at its annual meeting on June n, 1877, created 
a committee of three "on the name ' Kearsarge,'" with Dr. 
Bouton at its head, and charged them " to report such facts as 
they may be able to collect at a future meeting of the society, 
of which due notice shall be given," &c. This action was 
taken in my absence, without any suggestion to me that it was 
contemplated even ; and you made me a member of that com- 
mittee knowing that everv minute of mv time was engrossed 
in other fields, and that it was impracticable, if not impossible, 
for months, at least, for me to give the subject proper attention. 

Dr. Bouton carefully examined the historical evidence then 
accessible upon the subject, from the Gardner map or plan 
down to the later acts of Commodore Winslow. 

On March 19, 1S7S, the society held its meeting at the room 
of the state historian ; and upon notice to all, two of the com- 
mittee, Dr. Bouton and myself, were there for conference as to 
the path to be pursued. At that time the chairman, so far as 
he had not already done so, put me in full possession of his 
views. We then agreed upon the line of examination to be 
made by myself, and that he should embody his views, which 
he had substantially committed to paper, in the form of a report, 
and submit the same, with such evidence as he saw fit, to me 
for my examination. It soon became as apparent to me as to 
others that the days of my good old friend were numbered, and 
that he must soon tl pass over the unseen river." 

After the conference in March I had three interviews with 
the chairman in the presence of members of his family. His 
mind was still clear, and full of the subject. 



KEARSARGE. 



137 



At the last, he sorrowfully informed me that he was too ill 
to embody his views in the form of a report, as had been 
arranged between us, but that I should find them in substance 
in a bundle of papers, mainly the work of his own hand, at 
his house. His parting injunction was, to call soon at his 
house and get the papers, and see that his views were laid be- 
fore the society. In a few days I called. He was too ill to see 
me, but sent the papers by the hand of his daughter, and they 
are now in my possession. 

Had Dr. Bouton lived, he would have spoken to you here in 
our joint names. Under the circumstances, I have felt it my 
duty to decline the invitation extended to me by one of my 
associates, Mr. Fox, to vacate my place upon this committee ; 
and though the language is my own, I speak to-day both for 
the dead chairman and myself. 

The inquiry with which we are charged relates primarily to 
two mountains in this state, — one in the northern part of Mer- 
rimack, and the other in Carroll county. For convenience I 
shall refer to them in the order named. The history of the 
mountain in Merrimack county is necessarily interwoven with 
portions of the history of Massachusetts, the Masonian proprie- 
tary, the Merrimack valley, and in particular with that of what 
is now Franklin, Boscawen, Salisbury, Andover, Warner, Sut- 
ton, and Wilmot. 

We have no means of fixing the precise age of this mountain, 
but it undoubtedly has existed for a longtime in the same place, 
and has long been known by substantially the same name it now 
bears, though apparently this did not come to the knowledge of 
all the members of this committee until recently. In order that 
certain historical evidence may have its just weight, and no 
more, it must be read and weighed in the light of the historv to 
which reference has just been made. We will summarize and 
condense as much as possible. 

In 1641 Massachusetts extended her jurisdiction over New 
Hampshire under the claim that her charter gave it to her by 
the words " all those lands and hereditaments whatsoever 
which lie and be within the space of three English miles to the 
northward of said river called Monomack alias Merrimack, or 
to the northward of any and every part thereof." This line, 
wherever found, by the express terms of the charter extended 



I38 NEW HAMPSHIRE HISTORICAL SOCIETY. 

*< to the south sea on the west part." Such a step was not taken 
on the spur of the moment, but prior ones led up to it. The 
train had been carefully laid by preconcert and a variety of 
events. Settlements had been pushing beyond their former 
limits. Petitions for " farm lands" had flowed in. Acquaint- 
ance had been opened with the Indians and with the traders 
who knew of the upper Merrimack valley. 

Burdet and others removed to Dover about 1636 ; Burdet be- 
came governor, and soon manifested his hostility to the jurisdic- 
tion of Massachusetts. He made Dover a place of refuge for 
the Antinomian exiles from Boston. Gov. Winthrop thereupon 
wrote them, intimating the intention of the Massachusetts gen- 
eral court "to survey the utmost limits of their patent, and 
make use of them." 1 Belknap 19. 

The general court, therefore, on July 6, 1638, ordered " Good- 
man Woodward, Mr. John Stretton, with an Indian & two 
others appointed by the magistrates of Ipswich, are to lay out 
the line, figure three miles northward of the most northernmost 
part of Merrimack for which they are to have 55. a day apiece." 

On May 22, 1639, by the same authority, " Goodman Wood- 
ward was ordered to have £3 for his journey to discover the 
running up of the Merrimack; 10s. more was added by order 
of the gov. and dep. and they which went with him Tho. 
Houlet, Sargent Jacob, Tho. Clarke & John Manning to have 
505. apeice &c." 

On September 5, 1639, "the treasurer was ordered to pay 
John Gardner 205. for witness charge & carrying Goodman 
Woodward, his instruments to Ipswich." 

John Gardner was undoubtedly the one who afterwards be- 
came so noted in Massachusetts as a surveyor. What we have 
quoted shows beyond any reasonable doubt that five men were 
sent '* to lay out the line three miles northward of the most 
northernmost part of the Merrimack," and that they did what 
they were sent to do, and were paid for doing it ; but we are 
not left to inference, nor compelled to stop with the traditions, 
that they went to the place ;t three miles due north of the 
crotch " of the two rivers, — in a word, to the situs of what was 
so long known as Endicott's tree, — nor to the reasons assigned 
by those traditions why the explorers went no farther. An 



KEARSARGE. 



*39 



ancient and eminent historian, after reciting it at length, sum- 
marizing the preexisting history of Massachusetts and New 
Hampshire, says, — "During these transactions the Massachu- 
setts people were inquiring into the bounds of their patent. In 
1639 they sent persons to find out the northermost part of 
Merrimack river. A line to run east from three miles of the 
head of the river will take in the whole of New Hampshire. 
They determined, therefore, that it came within their jurisdic- 
tion ; and from that time they allowed plantations to be settled 
particularly at Hampton as well as at any part of the colony, 
and exercised jurisdiction over them ; but they left those on the 
river to their liberty." 1 Hutchinson 108. 

Another, more eminent still, under the date of 1639, says, — 
'* Rendered sanguine with respect to their future importance 
by the rapidity with which they had attained their present 
growth, the government of Massachusetts in this year set on 
foot an enquiry respecting the extent of their patent, and for 
this purpose deputed persons to explore the Merrimack, and to 
ascertain its northernmost point. Their charter granted them 
the lands within lines drawn three English miles south of 
Charles river, and the same distance north of the Merrimack. 
They construed this description as authorizing a line to be 
drawn due east from a point three miles north of the head of 
Merrimack, which soon leaves that river, and includes within 
Massachusetts all New Hampshire and a considerable part of 
Maine. Having come to this exposition of their charter, they 
declared New Hampshire, in which there were a few scattering 
habitations, to be within their jurisdiction, and proceeded to 
authorize settlements in that country. 

"Although very early attempts had been made to colonize 
the northern or eastern parts of New England, those attempts 
had hitherto proved almost entirely unsuccessful." 1 Marshall's 
Washington 127, 12S. 

It is self-evident to any person who is at all familiar with the 
localities, that neither Goodman Woodward, John Gardner, nor 
any other person could have traversed the route, either by land 
or water, to Penacook and Franklin or "Aquedahian," without 
finding themselves confronted day by day by the lone peak of 
what was practically the sole mountain in all the region. 



I40 NEW HAMPSHIRE HISTORICAL SOCIETY. 

It is evident from Waldron's testimony that after about 1635 
he was familiar through the Indians with Penacook, both forks 
of the Merrimack, and since 1659, at a ^ events, with the region 
about Penacook, in person. It is equally evident, from the tes- 
timony of Peter Weare, that since about 1637 ne na( ^ m tne same 
way become familiar with the same region, he "having often- 
times travelled the country," and " some of the natives always 
with" him ; and that he had been with Indians upon a great 
mountain on the north side of lake "Winnipicioket." 

The general court took further action on May 31, 1652. On 
that day it was "voted by the whole court that the extent of 
the line is to be from the northernmost part of the river Merri- 
macke & three miles more north where it is to be found, be it 
an hundred miles more or less from the sea, & thence upon a 
straight line east & west to each sea, and this to be the true 
interpretation of the termes of the limmitte northward graunted 
in the patent." 1 Prov. Pap. 200. 

At the same term of the court it was also voted " for the bet- 
ter discovery of the north line of our pattent it is ordered by 
the court that Capt. Symon Willard, & Capt. Edward Johnson 
be appointed as commissioners to procure such artiste & other 
assistants as they shall judge meete to goe with them to find 
out the most northly part of Merrimack river, & that they be 
supplied with all manner of nessessaryes by the treasurer fitt 
for this journey, and that they use their utmost skill and abil- 
itie to take a true observation of the latitude of that place, & 
that they doe it with all convenient speed and make return 
thereof to the next session of this courte." lb. 200, 201. 

The artists were certainly at "Aquedahtan " on August 1, 
1652. The affidavit of Sherman and Ince is as follows : " The 
answer of John Sherman, seargeant at Watertowne, and Jon- 
athan Ince, student at Harvard college in Cambrig, to Capt. 
Symon Willard & Capt Edward Johnson, commissioners of 
the general court held at Boston, May 27, 1652. concerninge 
the latitude of the northermost part of Merrimacke river. 
Whereas we Joh. Sherman & Jonathan Ince, were procured 
by the aforesaid commissioners to take the latitude of the place 
above named, our answer is that Aquedahian, the name of the 
Merrimacke where it issues out of the lake Winnapusseakit 



KEARSARGE. 14! 

upon the first of August, one thowsand six hundred fifty-two,. 
we observed & by observation found, that the latitude of the 
place was forty three degrees, forty minutes and twelve seconds, 
besides those minutes which are to be allowed for the three 
miles more north which run into the lake." lb. 201. 

The return of the commission is as follows: " Capt. Symon 
Willard and Cap. Edward Johnson, a committe appointed by 
the last generall court to procure artists to joyn with them to 
finde out the most northerly part of Merrimacke river, respect- 
ing the lyne of our patent, having procurred Sargeant John 
Sherman of Water towne, & Jonathan Ince, a student at Har- 
vard college, as artists to goe along with them, made their re- 
tourne of what they had donne, and found viz. : 

"John Sherman & Jonathan Ince on their oathes say, that at 
Aquedahtan, the name of the head of Merrimack, where it issues 
out of the lake called Winnapuseakit, vppon the 1st day of 
August, 1652, wee observed, and by observation found, that the 
latitude of the place was 43 , 40', 12", beside those minutes 
which are to be allowed for the three miles more north which 
run into the lake." Mass. Records, 1 Mass. Coll. Records, 
part 1, 109. 

" The said commissioners brought in their bill of chardge, 
which they expended, and promised on, & to those that went 
that journey to finde out the most northerly part of Merrimacke, 
which was 2S/ 12, 10, which the court allowed, and ordered 
that the persons concerned should be satisfied out of the rate 
according as they were promised ; and further doth order the 
treasurer to satisfy to Captajne Willard and Captajne Johnson 
twenty markes a pecee for their pajnes." lb. 

In 1665 the general court called Willard, Johnson, Waldron, 
and Weare into court, and put their testimony under oath on 
file. This, it is obvious, was because it was a matter of conse- 
quence, and not for mere idle form. Willard and Johnson tes- 
tify as follows: "Whereas the generall court of Massachu- 
setts in the yeare 1652, appointed us whose names are under- 
subscribed, to lay out the northern line of our patent, and now 
being called to give testimony of what wee did therein, to this 
we say as followeth : Besides our returne in the court book, 
p. 103, we indented with two Indians, well acquainted with 



I42 NEW HAMPSHIRE HISTORICAL SOCIETY. 

Merremak rive and the great lake to which wee went, borne 
& bred all their days thereupon, the one named Pontauhum, 
the other Ponbakin, very intelligent as any in all those parts, 
as wee conceive. We covenanted with them to lead us up 
Merremake river so far as the river was Merremake river. 
When we came short of the lake about sixty miles, then came 
two rivers into, one from the westward of the north, & the 
other from the northward of the east. The westerly river to 
me, as I then thought, was bigger then the other ; but taking 
notice of both these rivers, and knowing we must make use but 
of one, I called the Indians to informe us which was Merre- 
make river ; their answer was the river which was next unto 
us, that came from the easterly point which river wee followed 
unto the lake." 1 Prov. Pap. 289. 

This brings us to the consideration of the ancient manuscript 
map or plan of the Merrimack valley, brought to our attention by 
the late Dr. A. J. Thompson, formerly of Laconia in this state, 
and latterly of Salem, Mass. 

This plan was found among the maps and papers of Essex 
county, Mass. It bears no date, and, so far as ascertained, no 
other papers contain a distinct and unequivocal reference to it. 
It bears upon its face this endorsement: " Plat of Meremack 
river from ye see up to Wenepesoce pond, also the corses from 
Dunstable to Penny-cook, Jno. Gardner." Whether it is the 
original or a copy is immaterial. It is without doubt the ear- 
liest " plat " yet discovered of Merrimack river from its sources 
to its mouth. Its style of description shows it to have been 
prepared or drawn from data gathered at a very early period. 
It gives, as it were, a photograph of the river, with the lakes 
and mountains in the distance. It shows the line traced dis- 
tinctly from Dunstable to Penacook on the east side of the 
river, with every angle ; and the distances tabulated from angle 
to angle tally with each other and with the scale of miles. 
They are uniform ; but if the tests of to-day are to be applied, 
overrun, in harmony with the rest of this outline map, the Sun- 
cook is put where it belongs. The "plat" itself points out 
what are to be treated as islands and falls. Below Penacook 
these islands and falls are indicated substantially as they now 
are. The Uncanoonucks, Massabesic lake, and Amoskeag falls 



'. 



KEARSARGE. 1 43 

are laid down substantially as any intelligent resident of Man- 
chester would now place them. Up to Penacook the plan 
seems to have been based upon actual survey. Above, the plan 
of the river and landmarks is such as would naturallv be 
sketched by a practical surveyor, familiar with rough and woody 
countries, and having a clear conception of relative localities 
and distances; and this is especially true of the river itself, the 
lower Pemigewasset, the forks and the region west of them, 
and the Merrimack. The plan of Lake Winnipiseogee, the 
bays, or " ponds" as they are termed, and the general course 
of the river as traced, tend strongly to show that '* the artists" 
could not have gone far beyond the fork at Franklin ; and the 
probabilities are quite as strong that the observations from 
which this part of the plan was drawn were made from the top 
of Kearsarge itself. The mountain is distinctly indicated on 
this map, is put down as Carasaga, and, tested as before, 
its peculiar top is located about fifteen, instead of eleven, miles 
from the fork of the rivers, and apparently a few degrees south 
of west, which is its actual location. 

The actual distance from the fork to the lake, by the present 
lines of travel, is about twenty miles ; but following the course 
of the river, several miles further. By this plan, tested by the 
scale, it is about thirty, and by the k ' returne " of the artists in 
1652, who followed the river, sixty miles. 

The plan does not represent either the eastern or southern 
portions of the lake, or its general form. Every one who has 
seen " the bays" from Bay hill in Northfleld, or is at all 
familiar with the localities, knows that they apparently rise one 
above another, like the seats in a Roman amphitheatre ; that 
between the lake and Beaver dam are what are known as Long 
bay, Round bay, Great bay, Sanbornton bay, and Little bay. 
All these, in size or otherwise, are noticeable bodies of water, — 
much more so than the smaller* ponds, or the islands, falls, and 
streams, noted down so carefully on other parts of the plan. 
The Long bay commences but a short distance below the 
Weirs. It is a marked body of water, but not the largest be- 
low the lake. Yet it is not represented at all on this plan 
unless located miles below the lake, and connected through all 
that distance by a narrow thread-stream, nor unless it is to be 



«44 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



treated as the largest pond below the lake. It, in fact, is in 
close proximity to the pond below it, but if represented on this 
plan it is several miles from it. In truth, the internal evidence 
is strong that the author of this sketch was ignorant of the ex- 
istence of Long bay, and therefore never attempted to repre- 
sent it at all. To assume that this part of the plan is the work 
of the artists of 1652, or of those who for generations came after 
them, is to assume either that they were never there, or that 
they could not see, or that they were incapable of representing 
or sketching with substantial accuracy what they saw ; and 
yet what appears on the plan, — the lake, the ponds, and the 
general topography, — is precisely what can now be seen almost 
any good day. when the streams are full, from the top of Kear- 
sarge, and what the writer has seen time and again before he 
ever dreamed of the existence of this plan. 

The author of this sketch, too, apparently had no knowledge 
of the giant pine on the Pemigewasset, three miles north of the 
crotch, known as ;t Endicott's tree;" and yet this landmark of 
landmarks, the initial point through which the line as claimed 
by Massachusetts ran, was ; * commonly known," to use the 
studied language of the master spirits of the Company of Massa- 
chusetts Bay, in 1667 and before that time, as it was for at least 
seventy years afterwards. 

Richard Hazzen, the pioneer in the settlement of the Merri- 
mack valley, and a great surveyor, was born July 20, 1696. 
He graduated at Harvard college in 171 7. With his brother 
Moses he was one of the first proprietors of 4k Pennycook," was 
active in the settlement, and made many of the early surveys 
there and in that region. Few men in the country were as 
familiar with the region as he, and very few even at this day 
are as familiar with the topography of the country, the location 
of the ponds and streams, and their names from below Monad- 
nock to Lake Winnipiseogee, as was Richard Hazzen. 

He surveyed the southerly line of New Hampshire, com- 
mencing March 20, 1740. In his diary, under the date of 
April 13, i740-'4i, he says, — "This day we measured from 
Hoseck river 4:2:0, which was only over one mountain. 

'* Observations. This mountain was exceeding good land, 
bearing beech, black birch & hemlock, some bass-wood. Over 



I 

i ■ 



KEARSARGE. 1 45 

this mountain we concluded the line would run betwixt New 
York government & these whenever it should be settled, and 
therefore nam'd it Mount Belcher that it might be as standing 
a boundary as Endicutf s tree" 

The testimony of Johnson, Willard, and others of 1665 (ap- 
parently in the nature of depositions in fierpetua?n), was taken 
in full view of the coming storm between Massachusetts and the 
royal commissioners. The course of that colony, sometimes 
high-handed in the extreme, had raised up many enemies who 
had not been idle. A variety of charges had been sent to the 
home office, among which was the one that the colony had put 
a new gloss or interpretation upon their charter, and had, in 
consequence, disregarded the "bound-house" limits established 
by themselves, and had extended their boundaries, as before 
stated, by usurpation. The commission to Col. Nicolls and 
others to settle the u differences and disputes" which had 
"arisen upon the lymmitts and bounds of their severall charters 
and jurisdictions," &c, passed the great seal April 25, 1664. 
Private negotiations, which rendered them measurably familiar 
with what had been done by the colony, began between the 
commissioners and the authorities of Massachusetts. On July 
20, 1664, Maverick, one of the commissioners, says, — "I shall 
desire you to repaire to the govr. & councell, and advise them 
to take care how they dispose of such things as may bee out of 
their bounds and not fit for them to take cognizanze of, his 
majestyes commissioners being at length come into these parts 
(of whom you know me to be one)." 

On July 16, 1665, the commissioners, in their reply to the 
governor and council, make their prime charge the usurped 
extension of the limits of the colony beyond the "bound-house," 
and suggest ^'Tis possible that the charter which you so much 
idolize may be forfeited, and it may probably be supposed that 
it hath been many way forfeited ; untill you have cleared your- 
selves of those many injustices, oppressions, violences and blood, 
for which you are complained against, to which complaints you 
have refused to answer, or until you have his majesties pardon, 
which can neither be obtained by nor bee effectuall to those 
who deny the king's supremacy." On July 26, 1665, the com- 



146 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



missioners follow up these charges in a letter to Sir Henry Ben- 
nett, the secretary of state, devoting almost the entire paper to 
this usurpation by extending the limits, and urging that the 
charter should be taken away. In 1665 the commissioners, in 
their report to the king, sandwich, between the ill-treatment of 
the Quakers and the feasting of the Regicides on the part of 
Massachusetts, the charge that "By their south line they in- 
trench upon the colonies of New-Plymouth, Rode Island and 
Conecticot, and on the east they have usurped Captain Mason's 
and Sr. Ferdinand Gorges patents and said that ye comissrs. 
had nothing to doe betweixt them and Mr. Gorge, because his 
matie. comanded them either to deliver possession to Mr. Gorge 
or to give his matie. reasons why they did not." They, in 
effect, also charge the colony with bolstering up this usurpation 
by maps made without actual survey. They say, "They 
caused at length a mapp of their territories to be made, but it 
was made in a chamber by direction and guess. In it they 
claime Fort Albany, and beyond it all the lands to the south 
sea." 

In the letter of the king to the colony, of April 10, 1666, re- 
ferring to this report, he says, — "And for the better prevention 
of all differences and disputes upon the bounds and limits of 
the several colonyes. His Majesty's pleasure is, that all determin- 
ations made by His Majesty's said commissioners with reference 
to the said bounds and limits may still continue to be observed, 
till upon a full representation of all pretences, His Majesty shall 
make his own final determination." 

The answer of the colony of September 6, 1676, was the 
handiwork of skilled and experienced men. In form it was a 
reply to the petition of Mason ; but from the nature of the case, 
almost necessarily an answer to the charges of Mason made 
before the general court in 1652, the complaints which had 
been sent to the home office, and the charges of the royal com- 
missioners in 1665, as well as the specific allegations made by 
Mason. After reciting the grant of 1628, and the Royal Char- 
ter of March 4, 1629, they say, "In pursuance whereof many 
of the said patentees and other adventurers transported them- 
selves and estates and settled in the most known accommodable 
parts of those lands conatained in the said charter, neither time, 






KEARSARGE. 



H7 



estate nor power suffering them speedily to survey the just ex- 
tent of their limits. Not many years distant in time several 
others also of His Majesty's subjects obtained other grants and 
made several settlements in the more northern and eastern parts 
of the country, with whom for several years we had neighborly 
correspondence being as they supposed without the limits of 
our patent, amongst whom the present claimants and petition- 
ers were. These grants partly by reason of the smallness of 
some of them and partly by reason of darke and involv'd and 
dubious expression of their limits brought the inhabitants under 
many entanglements and dissatisfactions among themselves 
which there being no settled authority to be applied to. being 
deserted and forsaken of all such as by virtue of said grant did 
claim jurisdiction over them, and had made a successless essav 
for the settlement of government among them proved of some 
continuance unto the great disquiet and disturbance of those of 
His Majesty's subjects that were peaceable and well disposed 
among them ; to remdy which inconvenience they betook them- 
selves to the way of combinations for government, but by expe- 
rience found it ineffectual." 

They further say, — " In this time ignorance of the northerlv 
running of Merrimack river hindered our actual claim, and ex- 
tension of government, yet at length being more fully settled. 
and having obtained further acquaintance and correspondence 
with the Indians possessing the uppermost part of that river, 
encouraging an adventure as also frequent solicitations from the 
most considerble inhabitants of these easterly parts earnestly 
desiring us to make proof of and ascertain our interest we em- 
ployed the most approved artists that could be obtained who 
upon their solemn oathes made returns that upon their certain 
observation our northern patent line did extend so far north as 
to take in all those towns and places which we ?ioiv possess." 

They then recite the voluntary submission to the government 
of Massachusetts of these inhabitants, commencing with •• Dover 
Swamscot and Portsmouth Anno 1641." They then set out 
the conduct of the royal commissioners ; then discuss the lan- 
guage of their patent with reference to the " river of Merri- 
mack" "from Winipesioke lake to the mouth thereof;" assert 
that "according to the aforementioned observation so confirmed 
VOL. ix. 12 



I4S NEW HAMPSHIRE HISTORICAL SOCIETY. 

all those eastern plantations challenged by our opponents (ut 
supra), are comprehended within our northerly line." Thev 
concede that they have not made "the exact survey of so lar<r"e 
a grant in so hedious a wilderness possessed by an enemy.'' 
They claim that when they established the "bound house" in 
1 63 1 they did not know the uttermost extent of their right. 
They charge Mr. Mason "with ignorance of the coasting of 
the country," and allege in substance that he followed cove and 
harbor on the coast line. They charge that Mason's agent left 
the region in 1634. 

Few things are more manifest than that this answer refers to 
a state of things existing between the establishment of the 
"bound house" in 1631 and the explorations in 1652. It is 
noticeable that in one instance the precise words used bv the 
general court in 1639, in relation to the appointment of Good- 
man Woodward, are used ; that the term artists here used 
may refer to the work of both explorations ; and that in other 
places this answer refers beyond a doubt to the explorations of 
Willard, Johnson, and Ince in 1652. and the sworn returns. 
The connection is too obvious for further comment. 

We pass by the note-books of the scouts who took in the hill 
view of the mountain from the Unconoonock and elsewhere. 
but give no name, and come to the journal of Captain Samuel 
Willard, exhumed and brought to our attention bv the praise- 
worthy industry of George E. Emery, formerly of Andover. 
N. H., but now of Lynn, Mass. In his journal of July, 1 72 q, 
Willard says, — '•Thursday 29 we marched north & bee west 
about 9 milles, and corsed several branches of Miller's river, & 
campt & set out scout which found where ye Indians had lived 
last year ; — & made a canoe at ye north end of a long pond. 
Friday 30 we marched north in ye forenoon, and came to a 
pound which run into Contocook river & in ye afternoon 
marched X. W. in all about 12 miles, & campt at Peewunseum 
pound & sent out skouts 4 miles & they found 2 wigwams 
made last year. They also found in one of them a paddle and 
some squash shells which we suppose they carried from Rut- 
land. Saturday 31 we marched 12 miles & I with 14 men 
campt on ye top ofWannadnack mountain* & discovered 26 

* See history of Ipswich, — note. 



KEARSARGE. 



I 49 



pounds, saw Pigwackett lying one point from said mountain, 
& Cusagect mountain, and Winnepescockey laying N. E. from 
said Wannadnack ; the same day we found several old signs 
which ye Indians had made the last year & where y't they 
camped when they killed ye people at Rutland as we imagine." 

"Cusagec" is probably a clerical error; the word intended 
is probably the word used elsewhere "Cusagee." 

On July 4, 1 733 5 the proprietors of what is now Boscawen 
voted to pay Mr. Richard Hazen, surveyor, ten pounds for his 
services in taking a plan of the plantation, and the three chain 
men that were with said surveyor six days apiece six and thirty 
shillings a man for their service in assisting him, the said sur- 
veyor. They also voted that the committee, — Joseph Gerrish, 
William Isley, John Coffin, Tristram Little, and Joseph Noyes, 
they being nine days with Mr. Hazen in taking a plan of the 
aforesaid plantation, shall have ten shillings a day each man for 
their service. 

Upon this plan, now on file in Boston, is a representation of 
an irregular hill along the northern boundary, with the inscrip- 
tion, " Supposed to be one of ye Kiasaga Hills." Hazen, in 
another note, calls the region " Kiasarja," and speaks of "the 
hills." Hazen's plan of what was afterwards "Major Steven's 
town," made from the survey of October 29, 1739, represents 
the mountain, but gives no name. Clough's survey of " Steph- 
enstown " gives a sketch of the mountain, with the inscription, 
"An exceeding mountain, called by the Indians Coowissewas- 
seek, and by the English, Cire-sarg." 

Captain Ladd's company left Exeter July 14, 1746, in pursuit 
of Indian enemies. Abner Clough, his clerk, kept a journal. 
That shows that on July 23, 1746, they were at Contoocook. 
Under the head of July 24th, Clough says, — " And from there 
marched to a place called Contoocook pond, and scouted round 
about the pond, but could make no discovery, and from thence 
to Black water Falls. And one of our men says he saw an 
Indian very plain, as he was some distance from the scout, as 
he saith. And we ranged about, but could make no further dis- 
covers, then marched over several brooks and low places, but 
could make no discovery, & so marched to a river called Cur- 

t In History of New Ipswich the name is spelled " Cusagee." 



i5o 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



rier Sarge river, & found some camps supposed to be Indian 
camps, and there camped in the intervale. And it rained hard 
all night. This day's march about seventeen miles." 

The next day they marched to " Almsbury pond," and thence 
to " Contoocook Falls." 

No man, with Clough's journal before him, can traverse this 
route, and in particular the territory between the West meeting- 
house in Salisbury and the crown of Apple hill in Andover, 
without acquiring a distinct conception, both of the localities 
noted by him, and what he meant by " Currier Sarge river." 
Before this, Clough had no acquaintance with the Kearsarge 
" region." 

Expeditions in search of scalps were not in the habit of taking 
with them guide- or spelling-books, or geographical or pro- 
nouncing dictionaries. They did take guns, ammunition, and 
scouts or guides. Clough noted down what he saw, and, as to 
the names of localities, what he took from the lips of those who 
were with him. It is quite clear that Clough had no knowledge 
of the great bend which the Blackwater makes to the east, com- 
mencing near Pingry's Falls in Salisbury and taking in the whole 
Beech Hill region in Andover and Salisbury. It is clear that 
the place where they encamped was in the " interval," a mile 
or more below the bend, and near where the Blackwater pours 
apparently from the mountain, under the lofty bluff of one of 
the " Kearsarge hills," into the head of this " interval." What 
he there saw he called Currier Sarge river. He certainly could 
not have referred to anything else than the Blackwater, at that 
point. These intervals then were the intervals of the Kiah- 
sarge river, and a part of the Kearsarge " region," and were 
from six to ten miles in an air line from the intervals of the 
other Keya Sargg river in Sutton, on the other side of the moun- 
tain, or about fourteen miles by the now usually travelled road. 
When he took the first name from the lips of others, he would 
write it as he would the names of the persons who commonly 
bore it. The names k * Kiah" and " Currier " were idem sotians. 
Then and for generations since, the word pronounced i; Ki-ah " 
was indiscriminately written " Kiah," and " Currier," and that 
usage has continued in the vicinity of the mountain to this day, 
though within the last thirty or forty years it has become more 



KEARSARGE. 



*5* 



popular, and is deemed more aristocratic, to spell it and pro- 
nounce it " Currier." One of the race recently died in Ando- 
ver, between ninety and one hundred years of age, who was 
never known by any other name than " Ki-ah," and the same 
is believed to be true of his ancestors, certainly so far as any 
knowledge of them can be gleaned, and yet the name was 
spelled " Kiah " and " Currier." 

The decision by the highest court of the state, pronounced 
fifty-six years ago by Mr. Justice Woodbury, in Tibbets v. 
Kiah, 2 N. H. 557, where the defendant set up that his name 
was spelled " Currier," was hardly necessary to show that 
whether the name was spelled one way or the other was of no 
consequence. 

Perrystown, now Sutton, was granted in 1749 by the Ma- 
sonian proprietors, to Captain Obadiah Perry and sixty-two 
others from Haverhill, Mass., and its vicinity. The grant 
described the territory as " a certain tract of land, lying on the 
west side Ky a Sargg hill," seven and one fourth miles long and 
five wide. 

The first family settled in the town in 1767, and no other till 
1770* The first meeting of the proprietors was held at Haver- 
hill, Mass., December 14, 1749. In 1750 the notice for the 
second meeting of the grantees was directed to " the proprie- 
tors to a tract of land lying on the westerly side of Ci a Sarge 
hill so called." On April 23, 1752, a meeting was called by a 
committee, and was directed " to all the proprietors of a cer- 
tain tract of land granted by the proprietors of the rights of 
John Tufton Mason, Esq., near Ci a Sarge hill, called Perrys- 
town." On October 29, 1755, a meeting was called, directed 
to "the proprietors of Perrystown, so called, lying near Chi a 
Sarge!" On October 10, 1761, a meeting was called by a 
committee, and directed to "the proprietors of Perrystown so 
called near Kia Sargg hill." At this meeting a committee was 
chosen to " prelamble" the line of said tract of land, and make 
return the next meeting. On November 30, 1761, the commit- 
tee reported " that it is the best place for a saw-mill to be 
built to serve the town is to set said mill on the falls in Key a 
Sargg river, which falls beres southardly or southwesterly from 
our meeting-house lot." These falls were below Sutton South. 



I 5 2 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



This mill was the first one built in town, and was known as 
Jones's mill. A meeting was called by a justice of the peace, 
on October 2, 1765, reciting that an application had been made 
to him by " more than one sixteenth part of the owners of 
PerresTovvn (so called) near Chya-sarge Mountain in said prov- 
ince." A meeting was called, as others had been, at Plaistow. 

What is now known as Andover and Salisbury has been gen- 
erally supposed to have been granted by the Masonian proprie- 
tary at different times, and this is true so far as the elaborate 
grants stuffed with details are concerned. That of Stevenstown 
was made October 25, 1749; that of New Bretton, November 
20, 1 75 1 ; but the substantial grant of both was made at the 
same time, and by the same vote, for on December 7, 1748, the 
proprietors voted ' ; that Ebenezer Stevens, Esqr., & associ- 
ates have a township equal to six miles square : beginning on 
the north of Contoocook in the most convenient form ; without 
interfering with the township called No. 9 [?], as the grantors 
shall think proper ; and that Mr. Edmund Brown & associ- 
ates have a township equal to six miles square joyning upon 
the north side of Stevens's & associates above said tract upon 
the west side of Pemigewasset river upon such reservations and 
limitations hereafter to be agreed upon." Andover was at first 
called Brownstown, from Edmund Brown. 

The river was made the base line for these three towns. The 
side lines of Boscawen were parallel, and ran fifteen degrees 
south of west. The south side line of Major Stevens's town 
ran south seventeen degrees west ; but the north side line ran 
south fifteen degrees west, while both side lines of New Bretton 
ran south seventeen degrees west. The result was what might 
have been expected. The grantees and settlers, from a very 
early period until about 1S16, were continually engaged in con- 
troversies in relation to the western boundaries of Boscawen, 
Salisbury, Andover, and New Chester, and the wedge-shaped 
gores between Boscawen and Salisbury and Salisbury and An- 
dover, in which the lines of one set of grantees overlapped the 
others. The region at that time and long before had been 
known as the Kearsarge region. The grants of Boscawen, 
Warner, Salisbury, Andover, and Perrystown had left a large 
tract of territory, which naturally was called Kearsarge Gore, 



!l 



KEARSARGE. 



1 53 



from its shape. The last division in Salisbury, on the westerly 
end, was laid out in 1773. 

The records of Salisbury afford the following light in refer- 
ence to these controversies : 

" 4-ly To see if you will vote to rais money to pay the commit- 
tee that was chosen to settle the boundaries and lines with other 
towns and the committee that shall be chosen. 

''Sept. 2, 1762." 

" 3ty Voted to chose a commitee to rectieflee the bounds at 
the of said town voted to messure the north line to see if it is 
long annuff. 

u 4ly Voted to chose three men for sd. commitee and if they 
shall so need to tak one more at the township. 
"November 7, 1763 [1762?]" 

" 2ly To see if they will vote down both the committees that 
are ale ready chosen for to pramblate the line round the town 
or vote which of them shall do the work. 

"Mar. 2, 1762." 

" 2ly Voted to chose a committee to joyn with any other 
committees that shall be chosen by other towns ajoyning to sd. 
Stevens town in settling the boundries and lines between sd. 
Stevens town & other towns. 

" 3ly Voted Deacon Elisha Sweet, Peter Sanborn, Esqr., and 
Coll. Ebenezer Stevens are chosen a committee to settle the 
boundries and lines as before purposed with other town joyning 
to sd. Stevens town — &c. — 

"May 13, 1762." 

" Province of: ) 

New Hampr. : ) We the subscribers being chosen a committee 
by the proprietors of each township here after named to settle 
the boundaries & lines between Stevens town and New Briton 
(so called) have as follows viz we have began at a pine tree 
standing on a great rock in the bank of Pemigawasset river 
which is the boundary between each town as aforesaid running 
west *hout seventeen degrees south about nine miles to beach 
tree marked on the southerly side with letter S and on the 



»54 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



northerly side with the letter B with many other marks thereon 
witness our hands 
44 Stevens town 

" Dated October the first, 1762. Elisha Sweet 

Peter Sanborn 
Ebenr. Stevens 
Natha. Healey 
John Sanborn 
Jeremiah Lane" 
The stump of this beech tree is undoubtedly the one referred 
to by the legislative committee, in 1816, in their report estab- 
lishing the line between Kearsarge Gore and Salisbur} r . 

" 3ly To see what you will allow the committee pr. day that 
went to mesure the north line from Merimak river to the head 
and the south line of said town 
"Jany 26, 1764." 

" 4ly Voted to give the committee that went to mesure the 
north line and south line of Stevens town four pounds old tenor 
pr. day. 

"Feb. 6, 1764." 

44 2ly To chose a committee to pramblat the lines with other 
towns that adjoyn to sd. Stevens town and settle the bounds of 
sd. township whare the bounds is not settled. 



" March n 



'68." 



44 2ly Voted Ebenr Stevens Joshua Woodman Capt. John 
Webster are chosen a commitee to pramblate the lines with 
other towns and settei bounds whare they are not settled. 

"April 7, 176S." 

44 2ly To see what money the proprietors will rais to pay for 
building the bridge over Blackwater river and clear the Senter 
road. 

44 Sept. 1, 176S." 

44 3ly To chose a commitee to run the line with New Alms- 
bury and settle the south-west bound of said Salisbury as that 
is not settled 

44 May 12, 1770." 

44 7ly Voted the assessors be a committee to examine & de- 
sire the clerk to enter the votes & returns &c. in the proprietors 



1 

: 






KEARSARGE. 155 

book in order that the book may be removed another year to 
the town of Salisbury. If so voted that Ensign Gale Mr. Na- 
thaniel Maloon Joseph Been John Colings & Capt John Web- 
ster be a committee to run the line with New Almsbury and 
settle the bounds at the south west corner of Salisbury. 

" May 30, 1770." 

" 5thly To see if the proprietors will chuse a committee to 
settle the boundaries of said Salisbury with Col. Henry Gerrish 
who is impowered by the grantors to settle the same. 

"Dec. 22, 1780." 

" Sthly Voted to chuse a committee of three men to join with 
Col Henry Gerrish to perfix the boundaries at the western end 
of said Salisbury provided he comes with authority from the 
grantors to settle and perfix the same. 9thly Capt. John 
Webster, Dn. John Collins and Joseph Bean Esqr. chosen for 
the above committee. 

M iothly Voted to adjourn this meeting till the last Tuesday 
in August, to the house of Capt. Matthew Pettingill in the 
afternoon of sd. day. August 2Sth met on adjournment and 
voted to adjourn sd. meeting to the second Tuesday in October. 
next at the house of Capt. Matthew Pettengill at one o'clock in 
the afternoon of said accordingly sd. meeting is adjourned to 
ad. time & place. Tuesday 9th of October 17S1, met on ad- 
journment. 

" Voted to receive the report of the committee before chosen, 
which is as follows, (viz.) this may certify to the gentlemen 
proprietors of Salisbury that Col. Gerrish came to us with a 
power of attorney that we esteem sufficient to settle the bound- 
aries at the western end of the township of Salisbury, & as it 
appeareth to us that there is a mistake in the grantors of the 
charter of Salisbury & Andover interfering one upon the other 
& also a mistake in the grantees in laying out their lots beyond 
the limits of nine miles from Merrimack river ; we think it 
best to give up our claim to the land north of the seventeen de- 
grees on the north upon their confirming to us as far westerly 
as to take in all our land that is lotted, which we have encour- 
agement from sd. Gerrish upon a straight line. 

"October 9, 17S1." 



i56 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



"3. To see what methods the proprietors will take to settle 
the boundaries and lines at the westerly end of sd. township. 
44 Jany. 17, 1S01. 

44 2ndly. Voted to accept the report of the committee chosen 
the 5th of February last to ascertain the north corner bounds of 
said town, which report was verbally that a line beginning at 
the southwest corner bound of said town running north one 
degree west to Andover line be the head or west line of said 
town. 

"3rdly Voted that John C. Gale inform Col. Henry Ger- 
rish who is agent for the proprietors of the gore of the proceed- 
ings of this meeting. 

"4thly Voted to adjourn this meeting to the first Monday in 
June next at 3 o'clock p. m. to meet at this place. 

44 May 4, 1801." 

"Your committee report as follows — we have ascertained 
the northwest corner bounds of Salisbury by running from the 
southwest corner bounds of said town north one degree west 
between Salisbury and Kearsarge Gore. 

"May 28, 1S01." 

On June 11, 1753, the grantees of New Britain under an 
article " to receive the return of the committee chosen to lay 
out said tract of land and to chose a committee to make return 
of the plan of the laying out said tract of land to the grantors 
and to agree with the grantors when to have the lotts drawn, 
4 voted' 4thly James Carrick, Amos Dwinell, Richard Smith 
as a committee * * * to return the plan of the above said 
tract of land as it is laid out to the grantors and to agree with 
said grantors when to have the'lott drawn." 

This plan, so returned in 1753 to the Masonian proprietary, 
was from a survey by Williambrown Clough. It showed the 
mountain wooded to the top, and says in a note, — 4 'Cier Sarge, 
a mountain large, by ye Indens Cowissewaschook ! " This, 
with a change in spelling, is a restatement of what he had 
already set down a few years before, on a plan of Bakerstown, 
or Stephenstown. A copy of this plan, carefully compared 
with the original, is now in the town-house at Andover. 

There was a dispute as to whether Andover or New Chester 






KEARSARGE. 



157 



owned a region which was afterwards claimed by Kearsarge 
Gore, and now known as Eagle pond. At a meeting held 
May 17, 1763, action was taken under an article " to choose a 
committee to run out said township anew & number every lot 
agreeable to the plan formerly exhibited & accepted by the 
grantors, and also to settle the bounds betwixt said township 
and New Chester." Two committees were chosen. The com- 
mittee to establish the lines between Andover and New Chester 
made their report, dated % ' Boscowen June 10, 1763," to a meet- 
ing held September 5, 1763. The committee of five, chosen 
" to run out said township anew and bound and number every 
lot agreeable to the plan formerly exhibited and accepted by 
the grantors," made an elaborate report, " dated at Hampton 
Falls, Novembr. iSth, 1763," to the meeting held November 
21, 1763. In this report they recite at length their labors and 
difficulties, what they were able to ascertain in relation to the 
u number trees " and lines run out years before, and say that 
they u thought proper (as the southerly side line was not run 
out the first ten miles) to go first on said line before we go any- 
farther here which we did ; and ran it out the full ten miles r 
spotting as we went after we left Stevens town to a spruce tree 
standing on Kiaserge mountain which tree we spotted for a 
corner bound and marked with sundry letters." The report 
was accepted, and the bills of the committee ordered to be 
paid. At the meeting on November 3, 1773, a committee was 
chosen u to join the selectmen of Salisbury if they see fit to per- 
ambulate the line between the said township of Salisbury and 
the township of New Brittain as formerly agreed upon run, 
spotted and bounded by a committee of said townships and 
return thereof made excepted and recorded." They also voted 
that the committee should make return within four weeks, and 
that they should be permitted to " hire a surveyor to perambu- 
late the line." 

On April 29, 17S6, the perambulation of the line between 
the two towns was reported and recorded. 

On April 2, 17SS, the selectmen reported as follows: ''Laid 
out by the subscribers in Andover, as follows, viz : begining 
at the road that was laid ourt by order of cort from Dartmoth 
Colledg to Boscawen a little above where John Rowe now 



l$8 NEW HAMPSHIRE HISTORICAL SOCIETY. 

lives at the parth that leads to Kiresarge Gore and following 
said parth where it is now cleared and trod over Blackwater 
river so called and as far as Aaron Selley's house three rods in 
width to be a public highway forever." 

As we have already seen, the territory which embraced the 
mountain proper, the Kearsarge hills, river, ponds, and mead- 
ows on the south, and the Kearsarge hill, river, meadows, and 
falls on the west, was of a considerable extent. The limits 
must have been somewhat indefinite, like those of Dunstable 
and Penacook in Waldron's day; but, like each of them, this 
region must have covered not far from two hundred square 
•miles. The grant of the townships about this mountain to 
which we have already referred narrowed these limits to Kear- 
sarge Gore. The residue of the plans and maps may be con- 
sidered in connection with the history of that Gore. 

Mitchell and Hazzen's map gives the mountain in Merrimack 
county in the proper place as " Kyasage Mt." A copy of 
this map is in the state-house. It was purchased in London for 
the late W. F. Goodwin and myself. Upon its face, among 
other things, appears the following : 

"Observations on which this map is grounded : " 

"New Hampshire from the surveys of Mitchell and Hazzen 
in 1750, especially the last." 

Line 44 30' north " According to Hazzen's Survey, this Line 
about 30 Miles distant from Pigwakket R. cuts the East end of 
the White Hills." 

This map shows Pigwakket river and the " Sawokotuk" or 
M Sawko" river, and " Pigwakket Hills," mainly on the New 
Hampshire side of the line. 

On December 24, 1770, Governor Wentworth, without suc- 
cess, recommended the assembly to accept the "offer" of 
u Capt. Holland the surveyor general of the sea cost of the 
northern district of America," " to survey as much of the prov- 
ince as can be done before the season permitts his surveying on 
the sea cost." 7 Prov. Pap. 264. 

On January 23, 1772, the governor, in pursuance of the 
royal command, " You shall likewise take care that a general 
plan be made of all our said province and of each county with 
the several plantations & fortifications on it, and that an exact 



% 



KEARSARGE. 159- 

map or maps thereof be transmitted to our commissioners for 
trade & plantation," charged the assembly to " make provisions 
for its execution which may be done this winter," and on Janu- 
ary 4, 1772, the assembly voted " that the message sent by the 
governor relative to the survey of this province proposed to be- 
made by Capt. Holland be complied with," and voted to give 
him the sum of one hundred guineas. The surveys were made 
in 1773 and 1774, but the map was not published until March 
I, 17S4, in London. This society possesses a copy of this map. 
Upon that map the Merrimack County mountain appears as 
"Kyar Sarga Mt., by the Indians Cowissewaschook." Whether 
Williambrown Clough was one of Holland's assistants does not 
as yet appear, but the internal evidence is strong that the name 
was taken from one of his plans. 

This was the first official map of the province. The Chat- 
ham-Bartlett mountain appears upon it without a name. This 
is strong evidence that neither Holland nor any of his assistants 
had any "information that it was known as ' Kiarsarge,'" or 
any other form of the word, in 1774, or even down to the pub- 
lication in 1784. 

In 1791 Dr. Belknap gives both mountains as " Kyarsarge," 
but this is the first instance in which the Carroll County moun- 
tain is so termed. It is evident that Dr. Belknap got his infor- 
mation as late as July, 1784, when, with a party of seven, he 
visited the White hills. They left Dover on July 20. Having 
passed through Eaton and Conway, they encamped at the foot 
of the mountains on July 23. On July 24, Dr. Cutler, Rev. 
Mr. Little, and Col. Whipple succeeded in ascending Mt. 
Washington, which they found buried in clouds; but Belknap 
and others, after having gone part way, were obliged to give 
up. On July 27 Dr. Belknap preached in Whipple's barn to 
five or six families, at what was called " Mr. Whipple's plan- 
tation " — the first sermon ever preached there. This was at 
"Cherry mountain." He reached home July 31, 17S4. He 
says that he copied from a plan of Whipple's, who lived at 
what is now Jefferson ; but Belknap changed the spelling, for 
upon Whipple's sketch it is Kyasarge. This is the plan to 
which Belknap refers in his letter of August 19, 1784. Life of 
Belknap 102-104 ; 3 Belknap's History 37-40. 



i6o 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



It is noticeable that Belknap, in the same volume, gives the 
census of Kearsarge Gore in 1790 as 103, and spells it "Ky- 
sarge." 

In 1775 Kearsarge Gore was granted by the Masonian pro- 
prietary to Jonas Minot, Matthew Thornton, and others. 3 
Moore's His. Col. 173 ; Genealogy of the Minot Family. 

Minot was the son of Samuel Minot, of Concord, Mass., one 
■of the grantees of "Alexandria" proper and "Alexandria Ad- 
dition," now New London, and an extensive land-owner in 
New Hampshire. He died March 20, 1813, at the age of sev- 
enty-eight. 

The plan made by Henry Gerrish, who was always a prom- 
inent man, and for a quarter of a century the legal representa- 
tive of important interests in the Gore, is of" Kaysarge Gore," 
near " Kya Sarge." It also sets forth in a note that " Kyah 
Sarge mountain contains 1459 acres." The grant of April 7, 
1779, was of Kiersarge Gore. In 1781 the territory Kyah 
Sarge Gore was divided among the grantees by lot. 

The precise time when the Gore became entitled to town 
privileges has not yet been absolutely determined. It was prob- 
ably as early as 1783. We know that the Gore at that time 
was assigned its share of the public burdens. 

In June, 1784, the legislative journals show what towns and 
places were entitled to representatives, and when they were in 
fact represented, and by whom. On this list in one class ap- 
pear u New London, Andover, and Gore." Capt. Francis 
Walker represented Fishersfield, Perrystown, and Warner, as 
another class upon the same list. 

John Moffat died January 21, 17S6. He was a land-owner 
in about thirty towns and places in New Hampshire, and 
owned Nos. 33, 43, and 48 of the hundred-acre lots in " Kyar- 
sarge Gore." Prior to his death, owing to his relations with 
Moffat, Whipple had become very familiar with these lands, 
and upon Moffat's death became directly interested. The pro- 
late court ordered the sale of these lots. A schedule thereof 
is still in existence. That decree was appealed from, and 
finally affirmed by the superior court on the fourth Tuesday of 
April, 17S9 ; and the final proceedings were had under that and 
the order of the probate court of May 20, 17S9. Moffat's inter- 



KEARSARGE. 



161 



ests were largely identified with those of Minot. See Whipple- 
Moffat Papers. 

The act of June 16, 1791, included "Kearsarge" in Hills- 
borough county. 

The legislative journal of June 14, 1792, says, — " Upon read- 
ing and considering the petition of James Flanders, Esquire, in 
behalf of the inhabitants of Kyar Searge Gore, and the report 
of a committee thereon, and that the petitioners be heard 
thereon before the general court on the second Tuesday of their 
next session, and that in the meantime the petitioners cause 
that the selectmen of Salisbury, Andover and New London 
be served with a copy of petition and order of notice," &c. 

The act of December 27, 1792, says, — "And the companies 
in the towns of Boscawen, Salisbury, Andover, New London, 
and Kearsearge Gore, shall form a first battalion," &c. 

The legislative journal of June 13, 1793, shows that leave 
was granted to bring in a bill at the hearing upon the petition 
to disannex lots Nos. 19, 20, 21, 22, 23, 24, and 25 from Ky- 
arsearge Gore, and to annex them to New London. 

See, also, proceedings of June 17, 1793, and upon the second 
reading of the bill ; and also of June 18, 1793. 
The act passed June 19, 1793. 

The journal for June 20, 1793, shows a resolve instructing 
the selectmen of New London to add to the inventory of that 
town that of the lots disannexed from " Keasarge Gore." 

The journal of the house for Feb. 5, 1794, shows that the in- 
ventory of " Kearsearge Gore " " stand at £20-7-8, amount of 
valuation." 

On February 12, 1794, the house proceeded to consider the 
alterations made in the inventories by the senate, but " Kear- 
searge Gore" was left "£20, 7, S, as agreed to." 

On February 14, 1794, " the senate returned the vote, * * 
with information that they had concurred with the house on 
the town of * * * Kearsearge Gore." 

On February 17, 1794, " the following vote came down from 
the honorable senate for concurrence ; Kearsarge Gore and 
Mason to stand as passed by the house." 

In the house, on December 26, 1794, a joint committee was 
filled " to consider of the petition of the selectmen of Kearsarge 
Gore." 



.:. 



162 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



The legislative journal of June 17, 1795, shows an act enti- 
tled "An act authorizing the collection of taxes in Kearsarge 
Gore." 

The senate journal of June 15, 1797, shows " a vote for a 
committee to join such of the senate as they may appoint to 
consider the petitions from the towns of Sutton, New London, 
Bradford, and ' Kearsarge Gore.' " 

The senate journal of December 8, 1797, shows a resolve 
that " the selectmen or the major part of them at the charge of 
the town parish or place where they belong to, shall take an 
inventory," &c, naming among others *" Keasarge Gora." 

The senate journal of December 21, 1797, shows that the res- 
olution for the taking of the new inventory, &c, be sent to the 
post-office at Concord, for " Keasearge Gore." 

The survey of ;t Kearsarge Gore" for Dr. Carrigan's map 
was made in 1S05 by Ephraim Eastman, of Andover. 

Eastman was born in Deerfield, N. H., in 1768. Kearsarge 
was a familiar object to him almost from his babyhood. He 
died in the immediate vicinity of the mountain under whose 
shadow he had lived for more than half a century. He was a 
man of more than ordinary ability ; was a school-teacher in his 
younger days, and had considerable culture and refinement for 
his times, and was a practical surveyor from his boyhood 
almost to the time of his death. He was exceedingly familiar 
with the boundaries of townships, the disputes about them, 
their history and traditions. His plan shows, aside from the 
important portion of the Gore transferred to New London in 
1793, that its width, as claimed by that town, was between two 
and three miles at the narrowest point, about four miles wide 
in the centre, and between nine and ten miles in length, reck- 
oning from the extreme points. 

Wilmot was created June 18, 1807, and yet in 1810 the rem- 
nant of the Gore had one hundred and fifty-two inhabitants. 
Eastman's survey showed that there was a dispute as to the 
location of the boundary line between Salisbury and the 
44 Gore, "as there had been for half a century. 

Other surveys were made for a like purpose. In 1805 and 
1806, Joshua Lane, long known as u Master Lane," surveyed the 
territory known as New Hampton, the region then known as 



KEARSARGE. 



l6j 



New Chester, which included that portion of the present part 
of Wilmot known as New Canada, what is now Andover, 
Salisbury, Franklin, Webster, Boscawen, Canterbury, North- 
field, Tilton, and Sanbornton. 

Lane's plans are now in the state-house. His work speaks 
for itself. It needs no bush. He locates the mountain where 
it is, and gives it its proper name. Lane had exceptional op- 
portunities for knowing the facts. He came from a line of sur- 
veyors who probably, from their kinship with the dominant 
and perhaps controlling spirits of the early proprietors, had 
been employed by them in the surveys of New Britain from the 
earliest period. 

On April 1, 181 1, under a proper article in the warrant, the 
town of Salisbury " voted that Andrew Bowers, Esq., & Lieut, 
Benjamin Pettengill, of said Salisbury, be a committee to attend 
in the half of the proprietors of said town to the petition of Mr. 
Abner Watkins, on the first Tuesday of the next session of the 
general court." Watkins was then, as he had been for a long^ 
time, one of the leading citizens of the Gore. 

On May 18, 181 1, under articles "to see if the town will 
agree to make any defence against Abram Watkins respecting- 
the line between this town and Kearsarge Goar," and " to 
see what method the town will take to make such defence if 
they should think proper to make any," Salisbury voted that 
" Col. John E. Gale be agent for the town of Salisbury to act 
with a committee of the proprietors of said town against Abner 
Watkins of 4 Kearsarge Goar,' respecting his petition to the 
genl. court for an alteration of the jurisdictional line between 
said Salisbury and said Goar." 

On September 23, 1S15, under an article "to see what 
method or order the town shall take, respecting the line be- 
tween the said town of Salisbury and Keiarsarge Gore which 
line is now submitted to a committee chosen by the general 
court of this state," the town of Salisbury voted " to take the 
requisite steps to protect their interests." 

On May iS, 1S16, under an article " to see what the town. 

will do in regard to the report of the committee of the general 

court relating to the line between this town and Kearsarge 

Gore, which report is to be made at the next session of the gen- 

vol. ix. 13 



164 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



eral court," the town chose ;, Andrew Bowers, Esquire, agent 
for the town to act with the representative at the general court, 
in remonstrating against the acceptance of the report of a com- 
mittee to establish a line between this town and Kiarsarge 
Gore, and attend to all other business respecting said line which 
they shall judge necessary for the benefit of the town." 

The senate journal of June 25, 1S16, shows " a vote granting 
a day of hearing on the petition of Jonathan Watkins and oth- 
ers, praying that his land in Kearsarge Gore be annexed to the 
town of Warner." 

On June 26, 1S16, the same journal gives the report of the 
legislative committee, cutting off one hundred and eighty-four 
rods claimed by Salisbury next to the Gore, and giving Salis- 
bury two hundred and eighteen rods west of the bound estab- 
lished in 1762. 

44 The committee appointed at the last session, to examine 
and establish the disputed line between the towns of Salisbury 
and Kearsarge Gore, made the following report — 

44 4 The within named committee, having notified the select- 
men of Salisbury and Kearsarge Gore, met and fully heard 
them ; and that in their opinion the line hereafter discribed is 
the true division and ought to be established as the line of juris- 
diction between said towns, viz. — beginning at a large rock on 
the westerly side of the highway on Warner line, opposite 
Thaddeus Hardy's house ; thence running north five degrees 
east about five miles to a beach stump, at the northerly end of 
William Pingree's land, formerly John Wentworth's thirty acre 
lot numbered fifty-four, by Andover line, it being about two 
rods southwesterly from the bound between land of Jonathan 
Brown and land of Moses Brown in said Andover, which stump 
was heretofore known by the name of the middle northwest 
corner bound of Salisbury, and is situate one hundred and eighty- 
four rods easterly of the birch tree entwining a spruce tree which 
Salisbury claims as their northwest corner bound; and two 
hundred and eighteen rods westerly of the beach which the pro- 
prietors of Salisbury marked for their first north west corner 
bound, which line was satisfactorily proved to the committee 
to have been the true westerly line of Salisbury, at the time of 
its incorporation. — And they further report, determine and 



KEARSARGE. 



165 



award that the town of Salisbury pay for the services of the 
committee, their assistants and expenses, taxed at fifty-one dol- 
lars. 

4 John Osgood Ballard, 

'. Joseph Bartlett, 

'John Smith."' 

A vote accepting said report was brought up, read, and con- 
curred. Senate Journal, June 26, 1816. 

The following petition, understood to be the work of that legal 
antiquary, Moses Eastman, Esq., for years the clerk of court, 
and the opinion of that eminent lawyer, Parker Noyes, upon 
the effect of the legislative line, are worthy of special note : 

ii Tb the Honorable the Senate & House of Representatives 
of the State of New Ha?npshire in General Court con- 
vened: 

"Humbly show the subscribers, inhabitants of the town of 
Salisbury in the county of Hillsborough that we are owners of 
different lots of land in that part of said Salisbury which adjoins 
Kearsarge Gore, which lots have ever, when taxed, been taxed 
in Salisbury & in no other town or place from the first settle- 
ment of the country to this day. 

" We have been informed that the report of a committee ap- 
pointed by the general court to establish a line of jurisdiction 
between Salisbury & Kearsarge Gore was at the last June ses- 
sion received & accepted by the general court which ieport 
drew a new line of jurisdiction, whereby if that line be estab- 
lished the aforesaid lands will be transferred to the jurisdiction 
of & be liable to be taxed in Kearsarge Gore, which will occa- 
sion to us great inconvenience. 

" With all due respect for the respectable gentlemen who 
composed that committee, we think the report was made from 
an imperfect view of the subject ; & that if its merits had been 
fully laid open to the view of the general court, the report would 
not have been accepted. 

" Wherefore, we pray that the vote accepting the said report 
may be reconsidered or that such order may be taken on the 
subject as the wisdom of the general court shall think the case 
requires. 



i66 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



" To show that our opinion of that report is not without foun- 
dation, we beg leave to submit the following facts & remarks. 

" The proprietary grant of the tract of land how called Salis- 
bury, formerly called Stevenstown, was made in the year 1749 
by the Masonian proprietors who were at the same time the 
owners of the tract of land called Kearsarge Gore. 

"The grantees of Stevenstown, soon after the grant, divided 
part & only part of the land granted to them into lots, leaving 
a considerable tract undivided. 

44 In the year 1773 they laid out the thirty acre lots at the 
west end of the grant, adjoining Kearsarge Gore and then ran, 
it is presumed for the first time, the west end line of their grant, 
& marked trees to show the line. 

44 The thirty acre lots laid out in 1773 up to this line were 
immediately after drawn among the grantees, & some of the 
lots were drawn to the reserved rights of the grantors, the 
Masonian proprietors, who have ever since claimed & held 
those lots accordingly. 

44 It is believed that the Masonian proprietors by taking those 
lots in 1773 & claiming & holding them ever since, in severalty 
as their reserved right in the grant of Steventown did then 
recognize the right of the proprietors of Steventown to the land 
as far westward as that line. 

44 At that time Kearsarge Gore was held by the Masonian 
proprietors in common ; & was not laid out into lots until 17S2. 
In the year 17S2 Col. Henry Gerish as the agent & by che di- 
rection of the Masonian proprietors, surveyed and laid out into 
lots the tract of land called Kearsarge Gore, & bounded on the 
aforesaid line the lots adjoining Salisbury. The survey & 
plan of the lots thus made by Gerish, was adopted by the Ma- 
sonian proprietors, & has ever since been recognized by them. 

44 At a subsequent period since question being made respect- 
ing the bounds between Salisbury & Kearsarge Gore the Ma- 
sonian proprietors appointed the said Henry Gerish their agent, 
to join with a committee of the proprietors of Salisbury to settle 
the question & determine the proprietary line between Salisbury 
& Kearsarge Gore. 

44 In the year 1S01 the said Gerish on the part of the Mason- 
ians, & the said committee of the proprietors of Salisbury went 



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KEARSARGE. 



167 



together to the bound which has ever been known & recognized 
as the south west corner bound of Salisbury, & from thence ran 
northward the course directed by the Masonians & on the afore- 
said line which was run & marked in 1773 to the north line of 
Salisbury & there made a bound between Salisbury & Kear- 
sarge Gore. 

" Thus the aforesaid line run in 1773 was recognized by the 
Masonian proprietors in 1773 & in 17S2 & again in 1801 was 
settled & confirmed by the parties. 

. "The limits of the grant from the Masonian proprietors, 
being thus settled by those who had the right so to do, it is 
believed that the proprietors of Salisbury & of Kearsarge Gore, 
are both bound thereby. 

44 The description of the town of Salisbury in the act of incor- 
poration is the same as in the Masonian grant & was probably 
copied from it. 

44 The proprietors of Salisbury have ever since claimed & 
held the land westward to the aforesaid line run in. 1773 & the 
town of Salisbury has ever held jurisdiction to the same line. 

<4 The aforesaid report takes from Salisbury a tract of land of 
a triangular form four miles in length one hundred & eighty- 
four rods wide at the north end, running to a point at the south 
& lying east of the aforesaid line. 

44 The inconvenience which will be the consequence of cut- 
ting the lots by this new line of jurisdiction, & transferring part 
of a lot to Kearsarge Gore & leaving part in Salisbury, we trust 
will be deemed a sufficient apology for this our request. 



Novr. 1816. 



Wd. Elisabeth Straw. 
James B. Straw 
Stephen S. Straw 
Samuel Eaton 
Win, Pingry 
James Johnson 
Thomas Chase 
Ebenr. Johnson 
Moses Greeley " 






This had upon the back the following indorsement 



1 68 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



"A petition of a number of the inhabitants of Salisbury pray- 
ing for a reconsideration of a vote establishing the jurisdictional 
line between the towns of Salisbury & Kearsarge Gore." 

OPINION OF PARKER NOYES. 



" QUESTIONS BY COMMITTEE OF PROPS. OF SALISBURY 
ANSWERED. 

BENJ. LITTLE ) 

& f- ESQRS. 

A. BOWERS ) 

"Question 1. Do Salisbury by assuming a line beyond what 
their charter contained give them a right to the soil? 

"Answer. If the proprietors of Salisbury in making the 
bounds of their grant did go beyond the exact measure men- 
tioned in the grant, — and the grantors, knowing the same, 
acquiesced for a time long enough to gain title by possession, 
or in any way recognized those bounds, as bounds, the proprie- 
tors of Salisbury will hold to those bounds. 

" If the grantors appointed an agent with powers to run the 
line & jix the bounds, — & he with the props, of Salisbury did 
run the line & fix the bounds, the line & bounds so made are 
conclusive on both parties, unless the agent exceeded his 
powers. 

" The neglect of the agent to report his doings to his employ- 
ers, or their neglect to record the same will not vacate what 
was done ; but the same may be proved by the testimony of 
witnesses. 

u If the props, of the Gore seeing the bounds which Salis- 
bury had made to their grant, and the occupation of the land to 
those bounds ; neglected for more than 20 years to make an 
entry on the land, and have brought no action to try the title, it 
is believed that such neglect will amount to such an acquies- 
cence as will put an end to the claim of the props, of the Gore. 

M Question 2nd. Will the props, of the Gore hold the land 
west of the line as lately established by the general court's 
committee? 

"Answer. The doings of that committee have no effect on 
the right of soil. They have no more effect on the question 



\ 



KEARSARGE. 



169 



between the two parties than the flying of a bird thro, the air 
would have. 

" The gen. court have not power, & could not give power to 
their committee, to determine the bounds of the land, & thereby 
bind the two sets of proprietors in respect of the right of soil. 

" The right of soil remains & ever will remain precisely the 
same as if that committee had never been appointed. 

"The proprietors of Salisbury are one body. The town 
of Salisbury as a corporation is another. The rights of these 
two bodies are as distinct, as the rights of any two persons 
can be. 

" The only effect that the doings of that committee can have, 
if they have even so mtich, is to determine the line of the juris- 
diction of the town of Salisbury as a corporation. 

"The right of the props, of Salisbury to the soil has no con- 
nection with, nor dependence on, the line of jurisdiction which 
the gen. court has assigned or may assign to the town of Salis- 
bury. 

""May 6, 1818. PARKER NOYES." 



\ 



" Salisbury, May S, 1S1S. 
"A. Bowers. Esq. 

" Sir I have endeavored to answer the questions put by the 
committee of the props, of Salisbury & by Mr. Pettingill & 
you. 

" If the answers are not sufficiently explicit, I will at any 
time add anything I can to make them more so. 

" I am respectfully your obedt servant, 

" PARKER NOYES." 



This opinion is contained in a letter directed on the back to 
"Andrew Bowers, Esq., Salisbury." 

The senate journal of June 20, 1S17, shows that the inhabi- 
tants of" Kearsarge Gore," praying to be annexed to Warner, 
were granted a hearing, to be had on the first Tuesday of the 
next session of the general court, and the selectmen of Warner 
were to be served with a notice thereof. 

On June 13, 1S1S, "Kearsarge Gore" was annexed to the 
town of Warner. 



170 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



It is well known to those who saw the books in the hands of 
Watkins and others at an early day that there was an ancient 
plan of the Gore and two volumes of records. For this Col. 
John A. Hardy, long a prominent man in the Gore, is the 
abundant authority. These were in existence at a compara- 
tively recent period, and may be now. The only record which 
has been found commences with a call for a meeting dated 
August 1, 1794, by James Flanders, a justice of the peace, which 
recited that ;t application being made to me by a number of the 
inhabitants of Kearsarge Gore in said county, setting forth that 
they labored under many difficultys, on account of not having 
a legal meeting to appoint public officers, praying that a war- 
rant might issue forth at purpos these are," &c. 

The application, as shown by this warrant, was similar to 
those in other towns where the organization had failed by neg- 
lect to call a meeting, or otherwise. The records from this 
time forth are regular, and the name is invariably spelled 
•"Kearsarge Gore." 

Carrigain's map gives, in Merrimack county, " Kearsarge 
Alt." and " Kearsarge Gore," with its census, in 1S10, 152; 
and in Carroll county, " Pigwacket formerly Kiarsarge." 

This is the first official map of the state, and, taking into con- 
sideration the facilities then to be had. was a work of great 
labor, difficulty, and responsibility. It began in 1S06, and was 
completed in 1S16. The legislature did not require Carri- 
gain, if some highway or other surveyor located San Fran- 
cisco at Portsmouth or Mt. Diablo at Pigwacket, to treat the 
lie as historic truth. It made him a general in command, not 
a subaltern. 

It was but natural that an assault by innuendo and insinua- 
tions upon Carrigain, his map, and the state authorities who 
selected him and gave him their confidence and support, should 
be made in aid of an attempt to repeal history. Carrigain may 
have had his failings, flowing from his social nature — "Let 
him that is without sin cast the first stone" — but the fact re- 
mains, that he was selected, by those who knew him best and 
were the most competent to judge, as the fittest man for such a 
difficult and delicate task ; and, amid religious contentions and 
the tempest of political changes, he was continued at his post 



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KEARSARGE. 



171 



under Govs. John Langdon, Jeremiah Smith, John Taylor 
Gilman, and William Plumer. 

In 1S16, a legislative committee reported "that the said Car- 
rigain has completed the map of New Hampshire with great 
accuracy, and in a style of superior elegance." Governor 
Plumer, in his message of June 5, 18 17, says, — "As Mr. Car- 
rigain acting under the authority of the legislature has recently 
furnished the state at great expense with a map of New Hamp- 
shire which is not only elegant but splendid, permit me to sug- 
gest for your inquiry whether we have made him such a com- 
pensation as is adequate to his services and expenditures ; or 
such as will entitle us in the language of the constitution to be 
considered as the patrons of science and the useful arts. Fro?n 
a careful investigation of the subject, I think it my duty to 
recommend the case to your favorable consideration." 

The committee to whom this recommendation was referred 
made an elaborate and exhaustive report in favor of Carrigain, 
and the result was, the legislature unanimously adopted a reso- 
lution in favor of Carrigain, indorsing the k ' map" as one that 
" appears to be executed with accuracy and much elegance." 

The governor whose recommendation was thus endorsed by 
the legislative department, was the same " unerring judge of 
the heads and hearts of men," to use the language of an emi- 
nent attorney-general of this state, who put Levi Woodbury 
upon the bench of our highest court. 

Carrigain's map needs no higher or more authoritative com- 
mendation. 

From the evidence thus far, the inevitable conclusions are : 

1. That between the years 163S and 1667 (besides the infor- 
mation derived from Indians, Indian traders, and scouts), sur- 
vey parties with guides and artists, under the authority of the 
colony of Massachusetts Bay, visited the region now known as 
the head of the Merrimack river, for the purpose of ascertain- 
ing the northerly running of that river, and the " northernmost" 
boundaries of the patent of that colony ; that the data for the 
Gardner Plat was gathered in this way : that Endicott's tree on 
the Pemigewasset was established as the initial point through 
which the line of that patent ran, and was "commonly known" 
at sometime prior to 1767; and that the Gardner Plat, upon 



172 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



which the mountain "Carasaga" (which we call Kearsarge), 
with the head of the Merrimack, and the forks of the Winni- 
piseogee and Pemigewasset, appear relatively in their proper 
places, was prepared before 1667. 

2. That more than a hundred and fifty years ago, the region 
westerly from the head of the Merrimack, northerly from the 
Uncanoonocks, easterly from Monadnock, was the haunt of the 
Indians on the war-path, and of their pursuers. 

3. That for a long time, commencing about one hundred and 
fifty years ago, the region about the Kearsarge mountain and 
hills was called Kearsarge. 

4. That commencing at about the same time, the range of 
hills beginning near what is now Webster, and running north- 
erly for miles, was known as the Kearsarge hills. 

5. That at least a hundred and thirty years ago, the range in 
Sutton running westerly from the notch-pointed hill or moun- 
tain was known as Kearsarge hill, and called such in official 
records. 

6. That more than a hundred and thirty years ago, the stream 
south-east of the mountain was known as " Kiah [Currier] 
Sarge " river. 

7. That at least one hundred and eighteen years ago, the 
stream which pours from New London through Sutton south 
was known by the proprietary in Haverhill, Mass., and in 
Plaistovv in this state, and in their vicinity, as " Key a Sargg 
river." 

8. That after the grants of what is now substantially Warner, 
Webster, Salisbury, Andover, and Sutton, and the partial set- 
tlement of some of them, a township was left which included 
the mountain proper and some portion of the hills, and took 
from its shape the name of " Kearsarge Gore ; " that as such it 
was granted by the Masonian proprietary in 1775 ; that as early 
as 1783 it was charged with its share of the public burdens, 
and about that time became by law entitled to town privileges 
— in a word, was a town, and so continued, notwithstanding the 
dismemberment by which a valuable portion was annexed to 
New London in 1793. and by the creation of Wilmot in 1S0J, 
until it was absorbed by Warner in 1818. 

9. That at most until August, 1784, and, so far as any map, 



\ 



\ 



KEARSARGE. 



173 



plan, or any other public document is concerned, until the pub- 
lication of Belknap's History in 1791 , no other region was ever 
known as Kearsarge, no other hill or hills as Kearsarge, no 
other brooks, streams, ponds, lakes, or rivers as Kearsarge : no 
other mountain was anywhere known as Kearsarge, and no 
other town or place has ever borne that name. 

10. That the name Kearsarge, however spelled, has belonged 
as much to the Merrimack county mountain as the Winnipiseo- 
gee to that river and lake, the Massabesic to that pond or lake, 
the Amoskeag to the falls, or the Uncanoonocks to the hills 
bearing that name, and has for more than two hundred 
years. 

We now come to the mountain in Carroll county. The name 
ascribed to it by Dr. Belknap, whether rightly or wrongly, 
was the same by which the region, the hills, the rivers, and 
the mountain in Merrimack county had long been known, and 
must have originally had the same meaning. 

The question whether the name so applied to the Chatham 
peak was an original, or in some sense a transferred local one, 
must be determined by the weight of probabilities. Perhaps 
we may best summarize the facts, and consider the question in 
the following order : 

i. There is no evidence that the Chatham mountain was ever 
known or called by a name having any resemblance to Kear- 
sarge before 17S4. If that was its true name, no reason can be 
suggested why it should not have been so called prior to that 
time. Neither the Masonian nor any other grant, the curve 
line nor any other, prevented the Indians who had lived about 
it, or their prisoners, or the French, or the trappers, scouts, 
guides, or Indian traders, from calling that mountain Kearsarge, 
or from its being known as such from 1642 to 17S4, — a period 
of nearly one hundred and fifty years ; while the presumption 
of fact is, that if this name belonged to it, some of these or 
some one else would have found it out in that time. 

2. Putting the matter in the strongest light for that mountain, 
it had " no name " for generations after the one in Merrimack 
possessed the name by which it was commonly known. 

3. Not a particle of evidence has yet been produced or even 



i74 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



suggested, which affords the slightest reason why the Indians 
or any one else should have christened the Chatham peak Kear- 
sarge, unless the name was borrowed without leave from Mer- 
rimack county. 

4. There is no pretence that this name was ever applied to 
the hills, the rivers, or the region about this Chatham moun- 
tain. If it was an original name there as much as in Merri- 
mack county, why was it not applied to these, as in Merri- 
mack county? It certainly could not have been because there 
were not hills, brooks, rivers, falls, and intervales enough for 
that purpose in the vicinity of the Carroll county mountain. 

5. Whether the Chatham mountain, prior to 1 7S4, was name- 
less, or known as Pequawkett, or Pigwacket, is entirely imma- 
terial. The settlements in the Chatham, Brownfield, Conway, 
and Fryeburg region commenced in the vicinity of 1 765-' 70. 
The settlers were chiefly from Concord, Boscawen, Salisbury, 
and Andover. They were the people with whom the Warner 
mountain was a daily weather-gauge and a household word, 
" a cloud by day and a pillar of fire by night," in their little 
world. Every farmer and laborer in the whole region for 
miles to the eastward of the Merrimack county mountain, when 
he rose in the morning, looked first for iL the storm-signal," the 
" cap" on " Old Kearsarge." When the old settlers left it for 
their new fields, they left, as it were, an endeared member of 
the family behind them. 

When Daniel Webster went to the Pigwacket region, he 
found himself surrounded by his father's old comrades, neigh- 
bors, and friends. Dr. Emery, the first physician of Fryeburg, 
was a brother of the one who has long slept his last sleep near 
his old home in Andover, where in his lifetime he daily drank 
in one of the most magnificent views that the mountain affords. 

In balancing the probabilities, we find in the one scale-blank 
nothing, and in the other, to put it mildly, every weighty prob- 
ability that these settlers carried with them both the memory 
and the name of their old favorite, and that they applied it to 
one of the most prominent mountains in the vicinity of their 
new homes ; and that Dr. Belknap, aided perhaps by Whip- 
ple, owing to his associations and interests in Kearsarge Gore 
and the region of the Merrimack county mountain, gave it the 












KEARSARGE. 



175 



local name by which the people from Merrimack county had 
begun to call it. 

6. No one had the right to take the name of the hills, rivers, 
mountain, and region in Merrimack county, and bestow it upon 
a nameless mountain, or upon Pigwacket or any other in Car- 
roll county, or to blot from the map the name of Pigwacket, if 
it belonged to the Chatham mountain. 

The first of our great chief-justices once said, in discussing a 
memorable issue, " If there is anything which seems peculiarly 
a man's own, it is his name." Why should not this principle 
apply to the great geographical landmarks of this state? 

The ethics of this society ought not to fall below those which 
prevail in the courts. 

It is urged by those who would appropriate the old and hon- 
ored Merrimack county name to the Chatham peak, that the 
latter was never Pigwacket. Let us see. 

1. It is said that the Indians had no proper names ; that every 
word was complete and expressive in itself; and that Pigwacket 
Was an Indian word. What of it? Why had not the Indians 
the same right to give a name to a nameless hill, plain, inter- 
vale, river, mountain, region, or any other locality, if they saw 
fit, as the white man? 

2. But it is said that this word, or some other that looks like 
it or sounds like it, or one that can be made up out of pieces of 
other words and squeezed into shape until it resembles it, 
means " level," " open land," u where said open land is suita- 
ble for cultivation." The Pigwacket Indians may have been 
good farmers two hundred years ago. We know they farmed 
the game from the woods, the fish out of the rivers, and the 
scalps from the heads of the white men. That they had so far 
progressed as to have agricultural societies, colleges, and walled 
towns, we have not as yet learned. Who knows at this day 
whether the Salisbury and Sutton "level," "open lands" 
" suitable for cultivation," gave the name to the rivers, hills, 
and region, or the mountain to them? 

Of what consequence is it whether these lands or the Pequaw- 
ket tribe gave their name to the mountain, or the mountain to 
them ? 

If this argument has any weight, it is to show that the proper 



\ 



176 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



name of the Salisbury and Sutton intervales was Pigwacket, 
instead of Kearsarge. 

3. It is said, too, that the Pigwacket was " a circumscribed 
position," the " Boston," " Concord," or " Portsmouth " of the 
Pequavvkett tribe. This is directly in the teeth of fact, Indian 
custom, and tradition, as every man knows. They had neither 
cities nor towns in our sense, or in any just sense of the term. 

Tribes were not riveted to particular spots by a mysterious 
and attractive force, like that of Sinbad's loadstone, nor were 
they restricted to specified and definite limits. Their bound- 
aries, except so far as limited by water-courses, were loose and 
indefinite. They changed their lodges from time to time and 
from place to place, as convenience served. In general, no tribe 
was limited to " some particular village." They spread over 
the indefinite regions which belonged to the tribe, and that was 
known as the region, or country, or territory of the Iroquois 
confederation, or of the Mohawk, or other tribe, as the case 
might be. No good reason can be given why one rule should 
be applied to Pigwacket, and another to Dunstable, Penacook, 
or Kearsarge ; and few things are more preposterous than the 
theory that any of these terms applied to one side of a river and 
not to the other. 

The Chatham, Conway, Fryeburg, and Brownfield region 
was early known as the home of the " powerful Pequawketts." 
In 174I} Bryant found both "the Pigwacket plain or intervale 
land, and also Pigwacket river." In 1750, the " Pigwakket 
hills" were laid down by Mitchell and Hazzen on their map. 
On September 30, 1 765, Conway, six miles square, was granted. 
It was described as "at a place called Pigwacket." On July 
7, 1776, committees of the inhabitants of Conway, Fryeburg, 
and Brownfield petitioned the legislature of New Hampshire 
for aid, setting forth that "the said new plantations consist of 
about one hundred and thirty families, situated at a place called 
Pigwacket upon Saco river." 

We have already seen from whence the people came who 
settled these towns. We know that they regarded the name as 
applying to an indefinite region, one not " circumscribed" by 
precise or narrow lines or definite boundaries. It is impossible 
to reconcile the fact that this name was applied alike to the 



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KEARSARGE. 



177 



hills, rivers, intervales, plain, and the extensive territory re- 
ferred to, with the v theory that the word applies alone to 
"level," "open land suitable for cultivation," or that it was 
restricted to Fryeburg village, or to one side of the river. 
Great farmers as these Indians may have been, we have no evi- 
dence that Conway is or ever was in name, or exists within 
the circumscribed limits of, Fryeburg village, or that the Ind- 
ians planted their corn in the river, or that the Pigwacket or any 
other hills in that region were either level or intervales. 

Captain Willard says that when " campt on ye top of Wan- 
nadnack mountain," he "discovered 26 pounds," and "saw 
Pigwacket lying one point from sd. mountain and Cusagee 
mountain, and Winnepeseockey laying north east of said Wan- 
nadnack." 

Great labor has been expended, research has been exhausted, 
and great ingenuity has been displayed, in the attempt to im- 
peach the testimony of this most important and responsible wit- 
ness. 

That the Warner Kearsarge is in full view from the top of 
Monadnock can be attested by hundreds, and perhaps thou- 
sands: hence we have of late the politic concession that Cap- 
tain Willard could have seen Kearsarge if he wished. 

It is conceded, also, that he could not have seen Pigwacket 
plain, river, or intervales, or Stark, or any other hills in Maine 
which it is now claimed were, later in 1725, known as the Pig- 
wacket hills; and there is no suggestion even from any source 
that any other mountain in that region was then or ever since 
known as Pigwacket, or that Willard referred to any mountain 
in that region, unless he did to the Chatham mountain, or that 
he did not see that, if he actually saw anything there. This 
reduces the issue to a single point. He says he saw it. Did 
he tell the truth ? 

The alleged facts from which it is inferred he did not, may be 
considered in the following order: 

1. That Willard had never been to the White Mountains. 
This is the charge. The inference sought to be drawn is, that 
because he had never been there he knew nothing about the 
region, and therefore could not distinguish and identify one 
mountain from another. If such evidence exists, it should have 
been produced. 



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NEW HAMPSHIRE HISTORICAL SOCIETY. 



Under the date of 1725 Dr. Belknap says, — " New Hamp- 
shire did not suffer so much as in former wars * * * partly 
by reason of the success of the ranging parties, who constantly 
traversed as far northward as the White Mountains." 2 Belk. 
Hist. 66. 

This state of things, in consequence of the wars and the ag- 
gressive movements of Massachusetts, which recommenced in 
earnest as early as 171 6, continued for nearly half a century. 
These rangers, surveyors, and Indian fighters made, as it were r 
a highway from Dunstable, Monadnock, and the sea-coast, up 
the valleys of the Merrimack, Pemigewasset, and Winnipiseo- 
gee. 

But whether he had been there or not is entirely immaterial. 
Willard, like other commanders of important expeditions, usu- 
ally took with him his guides and interpreters, generally friendly 
Indians familiar with the country. We know that he had them 
with him about a month after the time when he was on Mo- 
nadnock. They could point out the mountains, and give the 
names by which they were known to them. 

2. That so far as was then known, no name had been applied 
to the Chatham mountain. This is begging the question at 
issue, and is based entirely upon an assertion contrary to the 
weight of the internal evidence. 

3. That if he had known it familiarly as Pigwacket, he could 
not have seen it either through his instrument or otherwise, 
because it was in the haze of a summer day, and a hundred 
miles distant. 

This is a string of assumptions. There is not a particle of 
evidence which has any tendency to show that either Willard's 
eyesight, or his instrument, or the day, was hazy, and as to the 
distance, the evidence is the other way. The claim that the 
Chatham peak and Monadnock cannot be seen from each other 
is, to those who are familiar with both, one of the most prepos- 
terous fables ever put on record. 

It is true that no one can see Monadnock from the other 
every day or every hour in the year. That is true as respects 
Mt. Washington, which is about twenty miles distant. The 
writer has had as fine a view of Mt. Washington from the top 
of the Chatham peak as any man can desire, and in five min- 



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KEARSARGE. 



179 



utes has lost it for an hour. He has also found it impossible at 
times to make out either LovelPs mountain or the Merrimack 
county Kearsarge from the summit of Monadnock ; but that 
these two mountains can be and have been seen from each other 
distinctly by the naked eye in any reasonably clear day, is as 
certain as it is that the sun shines, as is proved by the concur- 
rent testimony of those most familiar with both mountains. 

For all practical purposes, a viaduct runs direct from Mo- 
nadnock to the Chatham mountain. Few things could be far- 
ther from the truth than to say that Red hill, or Ossipee, or any 
other mountain obstructs the view. This is perfectly obvious 
to any one who has taken a view from the top of either moun- 
tain, as well as from the raised map in the state-house. 

4. That when he said he saw Pigwacket, he meant that he 
neither saw that at all nor any other point, but that he was lay- 
ing a course with his instrument to a place where he had never 
been, which it was utterly impossible for him to see, and of 
whose locality he was ignorant. Such a proposition is too ab- 
surd for comment or answer. 

Great responsibilities had been placed upon Capt. Willard. 
His duties were arduous and perilous in the extreme. He was 
sent to find out facts, and report them, — not to indulge in fancy, 
or to give loose reins to a poetic imagination. His was a daily 
diary, a journal of what he heard and what he saw. It con- 
tains a mass of prosaic details. It shows in every sentence the 
watchful eye, and the cool, practical, and matter of fact- char- 
acter of the foremost of the Indian rangers. It shows, too, 
everywhere, a broad but natural line of demarcation between 
the evidence of his own eyesight, what was reported by others, 
and what was supposed or imagined. Thus he " marched " in 
a certain direction, " corsed " certain streams, " campt" in cer- 
tain places, " came to" certain ' k pounds," " discovered" cer- 
tain other M pounds ; " but he recites what the scouts " found,"' 
— that they " found two wigwams made in June or July as we 
suppose;" that u vve found several old signs" " where y'b they 
camped when they killed the people at Rutland as we imag- 
ine" Few men, at this day even, mark these distinctions with 
such precision and exactness. 

There is no suggestion even that Willard, when he says he 



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VOL. IX. 14 



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NEW HAMPSHIRE HISTORICAL SOCIETY. 



" corsed several branches of Miller's river," " came to a pound 
which runs into Contoocook river," " campt at Pwewunseum 
pound," " campt on ye top of Wannadnack," "discovered 26 
pounds," " found several old signs," " marched down ye wast 
side Wannadnack," "corsed 3 streams that run into Contoo- 
cook," "found two wigwams," and " came to a streame that 
run into Mermack," did not write down the exact facts, nor 
that he did not see with his own eyes what he said he " found," 
or " discovered," nor that the same truthfulness does not char- 
acterize everything which precedes what is said about Pig- 
wacket, from the beginning to the end of this expedition. It 
must be conceded that he knew the difference between moun- 
tains and ponds, between rivers or streams and rock or earth ; 
that he knew the top from the base ; that in some way he knew 
the names of these rivers, ponds, and the like, and of the moun- 
tain from which he took his observations, and the Warner 
Kearsarge as well. 

But the logic of those who seek to justify at the same time 
the piracy of one name and the vandalism of annihilating 
another is, that when Willard came to the most terse and posi- 
tive statement in his journal, to wit, that he " saw Pigwacket," 
his capacity or disposition to speak the truth suddenly ceased; 
and that when he said he " sazv " certain landmarks objective 
and distinctive, he neither saw them nor knew their names, 
and drew upon his imagination for their locality. 

The audacity of this proposition is softened by the tacit con- 
cession that the instant he passed the clause in question, the 
stream of truth resumed its normal course in Willard's brain, 
and thenceforward with full banks flowed on to the end. 

The argument was born of the necessities of the case, and its 
application from the patent line as assumed on Dr. Belknap's 
map. 

It is the deliberate and decided conviction of two members of 
this committee and of Dr. Bouton, that Captain Willard not 
only had the capacity and disposition to speak the truth, but 
that he did so. 

We recommend the adoption of the following preamble and 
resolutions, prepared by and in the handwriting of Dr. Bouton, 
the late chairman of this committee : 



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KEARSARGE. 



Itfl 



Whereas, of two mountains in the state of New Hampshire called 
by the name of Kearsarge or Kiarsarge, the question has arisen to 
which the name more properly belongs ; and whereas the judgment of 
the New Hampshire Historical Society has been requested on the sub- 
ject ; — therefore, — 

Resolved, (1) That, after a full and impartial examination of historical 
evidence, this society finds that the mountain called by said name in 
Merrimack county has been known and called by that name, alone and 
invariably — with variations in spelling — more than 150 years, or since 
September, 1725; that the mountain so called in Carroll county was 
first known or designated as " Pequawkett," and was never known or 
called Kearsarge until subsequent to 1780, or after the settlement of 
that section of country by people chiefly from Merrimack county, 1765— 

1775- 

Resolved, (2) That, to- avoid confusion in geographical names within 
the state, we regard it as desirable that the said two mountains should 
be definitely distinguished by some proper authority; and inasmuch as 
the prior name of the one is historically fixed, both on maps and in 
written records, and that of the other is more recent, and belongs to a 
portion of the state known in all our early annals as the " Pequawkett" 
— famous also in historic events ;— therefore, in the opinion of this soci- 
ety, it would be highly appropriate and honorable that the name by 
which it was first designated, and by which it was called on the maps 
published by authority of the state in 18 16, by Philip Carrigain, Esq., 
should be retained, viz., Pequawkett mountain. 






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THE ANNUAL ADDRESS, 

JUNE 12, 1878. 



BY JOHN T. PERRY, ESQ.. 



My subject, if such a distinction can be claimed for a series 
of rather loosely connected comments on various phases of the 
past, and their still more varied treatment by modern critics, 
each of whom gives them a turn in his own kaleidoscope, is 

THE CREDIBILITY OF HISTORY. 

It has been said that the historian is a prophet looking back- 
ward. In the remotest antiquity a similar though further 
reaching distinction was awarded the poet. The same word 
was applied to him and to the prophet. This blending of 
meaning no longer exists; yet the union of functions has not 
altogether disappeared. Pope certainly wrote for all time 
when he declared that " The proper study of mankind is 
man." 

But how shall man be studied? Psychologically, by placing 
mind in the witness-box and compelling it to be both its own 
eulogist and accuser ; physiologically, with the knife of the 
anatomist and the microscope of the optician, aided by com- 
parisons of the genus homo with other mammals, and of the 
man of to-day with the cave-dweller; aesthetically, by convert- 
ing beautiful abstractions and lofty aspirations into entities most 
shadowy when most charming; or, lastly, shall we judge him 
by his works? 

A dogmatic utterance on the relative importance of any 
branch of human knowledge cannot win universal acceptance ; 
but I shall not be deemed presumptuous by my present audi- 
ence in ranking history among the sciences. 



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ANNUAL ADDRESS. 



183 



In establishing this conclusion, several differing, if not whol- 
ly distinct, lines of illustration must be followed. The con- 
necting thread may be slender, sometimes imperceptible. It is 
to be hoped, however, that the two ends will not be invisible. 

What, then, is history ? It is distinguished from biography as 
the whole from the part ; it treats of society rather than of indi- 
viduals. Its most approved definition is that bestowed upon it 
by an ancient Greek writer, Dionysius of Halicarnassus, who 
confessed that he owed the thought at least to Thucydides, viz., 
Philosophy teaching by examples. It enables us to judge man 
by his works, — far less perfectly, indeed, but on the same prin- 
ciple as we are told the Creator will finally do. 

John Ruskin says the facts it is most desirable that a man 
entering life should know are, i4 first, where he is ; secondly, 
where he is going; thirdly, what he had best do under these 
circumstances." The words are the Englishman's, but our own 
New Hampshire Webster anticipated him by declaring that 
" The earliest and the most urgent intellectual want of human 
nature is the knowledge of its origin, its duty, and its destiny. 
4 Whence am I, what am I, and what is before me?' This is 
the cry of the human soul so soon as it raises its contemplation 
above visible natural things." 

History does not answer all these questions, but it is the best 
clue to their solution. One great fact it teaches. Times may 
change, languages may die and be born, seas may be crossed, 
and empires give place to republics, but man's nature, man 
himself, remains unchanged. 

"The thing that hath been, it is that which shall be; and 
that which is done is that which shall be done ; and there is no 
new thing under the sun." 

History, then, in recording men's deeds, illustrates the work- 
ings of that intellectual and moral constitution which, though 
many-sided, is always the same. The polished diamond reflects 
different hues, according as one or the other facet is struck by 
the solar rays, but it is the same diamond in sunshine as in 
shade. Its chemical constituents are not destroyed, though it 
gains lustre by the skilful cutting of the workman at Amster- 
dam. It is pure carbon, just as when taken rough from the 
mine. So, in reviewing the deeds of men, if we would judge 



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NEW HAMPSHIRE HISTORICAL SOCIETY. 



them rightly, we must discriminate between the natural and the 
accidental. We shall, however, more quickly and certainlv 
reach the truth if we generalize from a wide array of facts, than 
if we start with preconceived theories of man's moral nature or 
of the system of the universe. 

We may here borrow these words of Frederick Schlegel, in 
which he contrasts psychology, the fine arts, and history : 

"All these are adapted in various ways to exalt and enrich 
the inward man. They are in this respect equally indispen- 
sable. Yet it is preeminently from the study of history that all 
these endeavors after a higher mental culture derive their fixed 
centre and support, viz., their common reference to man, his 
destinies and energies." 

This is history in its conception. In its manipulation by un- 
skilled or prejudiced workmen, it is often greatly distorted, and, 
like the human nature of which it is the mirror, most conspicu- 
ous in its blemishes. "The gownsmen who dwell in cloistered 
ease," and mistake the figments of their own fancies for the 
achievements of the busy world without ; the venal panegyrists 
of tyrants and demagogues; those who "waste on party what 
was meant for mankind ; " those literary owls who think the 
deeds of armies and royal councils alone worthy of record, 
ignoring social and domestic life, — have been altogether too 
numerous, but happily are now going out of fashion. 

I have commended the inductive process as the best for 
studying man. and it should be strictly followed by the histori- 
cal student. He ought also to borrow Bacon's aspiration, — a 
noble one, though unhappily disregarded by its author, when, 
as lord chancellor, he furnished such sad materials for the his- 
torians of his time. He says, — 

"God forbid that we give forth the dream of our fancy as the 
model of the world, but may he rather vouchsafe us the grace 
that we may indite a revelation and true version of the march 
and signs of the Creator impressed upon creation." 

There is, of course, a philosophy of history. It is legitimate 
for Mr. Lecky or Mr. Buckle to mass facts and events for the 
sake of indicating their bearing on certain general truths, rather 
than of chronicling their occurrence. There is danger, how- 
ever, lest the theoretical get the upper hand of the actual. Mr. 



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ANNUAL ADDRESS. 



185 



Buckle, at least, affords an illustration of the possibility of an 
able man's being carried off by his own hobby. Former writers 
have underrated physical influences, but he has magnified them 
at the expense of still more potent forces. Facts, plain unvar- 
nished facts, are to history what axioms are to geometry. They 
may be employed as simple landmarks, or be used as the foun- 
dations of lofty and elaborate structures. The most imposing 
edifice, if raised without them or by their misplacement, has at 
best an insecure basis, and must eventually topple over. Dull 
observers and careless narrators on the one hand, and ambitious 
theorists on the other, are the chief instruments in perpetuating 
mistaken views of events. 



\ 



IMPORTANCE OF HISTORICAL SOCIETIES. 

Here is shown the importance, the necessity rather, of an 
organization like that before which I have been called to speak. 
The preservation of simple facts, and largely of those which 
escape the notice of the general student or the collector, forms 
a leading part of your work. The gathering of relics of the 
past is a service that cannot be overvalued, but the rescue from 
oblivion of those ephemeral documents and events which are so 
rapidly transmuted into history, and yet are so speedily forgot- 
ten by the mass of the people, is even more important. Had 
there been historical societies from the first settlement of the 
North American colonies, saying nothing of remote antiquity 
and the Eastern hemisphere, much fiction in the guise of his- 
tory would not have been written, many a fierce controversy 
would have been avoided, and many a lawsuit would never 
have begun. The collection of materials for history is a less 
ambitious but no less useful branch of effort than the working 
up of those materials into volumes. The accumulations of sev- 
enteenth century ballads, pamphlets, pasquinades, etc., in the 
British Museum, enabled Macaulay to compose some of the 
most interesting chapters of his history, — chapters the impar- 
tiality of which has been less called in question than that of 
many other sections of his work. 



i86 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



IMPARTIALITY. 



But there are divisions in historical as in other labor. Facts 
must not only be collected, but they must be laid before the 
reader in connection with other facts, and with their bearings 
explained. Here trouble is likely to occur, for historians are 
fallible, and captious readers are only too glad to bring charges 
of partiality. Yet absolute want of color is as undesirable as it 
is impossible. Facts should never be suppressed or mutilated. 
but the author should have a soul. Motley, for example, glows 
with sympathy for the suffering Netherlander, but no fair 
critic will accuse him of maligning their Spanish oppressors. 

All that the reader can ask is, that occurrences should be told 
as they happened, and that the writer shall not conceal his 
standpoint. Histories purporting to be written without bias 
are as dull and unreadable as the educational manuals, where 
no one's prejudices are to be hurt and no one's views to be 
sustained. Something of the kind has been attempted in our 
public schools, and rightly enough within reasonable limits. 

When carried to the extent proposed by some, however, the 
expurgating and kiln-drying process must prove a lamentable 
failure. Christianity is an undeniable factor in human progress, 
be it true or false. Can any man write of it in such a manner 
as to satisfy both the believer and the skeptic? The Reforma- 
tion was a most important event: Luther and Calvin were 
either noble revivers of primitive doctrinal purity, or wicked 
schismatics. They cannot be ignored ; neither can they be 
described in neutral terms. No pupil can study even the most 
meagre account of their careers without forming an opinion. 
Shall the teacher send off the youthful inquirer with "Ask your 
father," or " I must decline to answer sectarian questions," or 
shall our public school curriculum be restricted to the three 
R's? I have no plan to suggest. It is, however, fair to remark, 
that if the thoroughly unsectarian and secular schools, so much 
urged by politicians anxious to please all sides, are to be estab- 
lished, no history can be taught in them. 

The true impartiality is that professed by Tacitus. He wrote, 
he says, without hate as without love. This may be true as 
regards persons. No writer, however, more plainly shows his 



\ 



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ANNUAL ADDRESS. 



187 



indignation at wrong and his admiration of right, while record- 
ing with judicial impartiality each man's deeds. Men are gen- 
erally truthful in speaking and writing, unless swayed by some 
mean passion or narrow prejudice. Historians have more fre- 
quently erred through a lack of mental breadth and analytic 
power than through intentional unfairness. They have either 
allowed themselves to be tied by the bonds of party and sect, 
or have adopted Dr. Dwight's plan in his so-called epic, The 
Conquest of Canaan. In this poem, the hero, Joshua, is strip- 
ped of all distinctive Hebraic characteristics, and endued with 
those glittering generalities which pass for heroic in every age. 
No such Joshua ever lived, and it is not wonderful that the 
doctor's eclecticism found few admirers, and that his epic was 
virtually forgotten long before he passed away. 

As absolutely perfect history has never been written, and our 
theory has consequently lacked full realization, is its validity to 
be denied? Seba Smith wrote a book in refutation of geometry, 
because no one had ever seen a line without breadth, or a point 
lacking both length and breadth ; but the science is still taught 
in our schools, and everywhere forms the basis of important 
practical calculations. A whole army of Diogeneses, each pro- 
vided with a calcium light instead of an ordinary lantern, 
would fail to find a perfect man : is perfection therefore a 
delusion? There is hardly a historian of eminence whose 
works have not been more or less assailed ; and generally some 
vulnerable points have been found. Yet no honest critic has 
failed to see that in narratives of comparatively recent events 
truth is greatly in excess of error. Posterity detects and refutes 
the falsehoods of the angry partisan scribblers who rise up in 
every excited epoch, and it turns a deaf ear to the theorists who 
strive to unsettle well established opinion. Who has ever been 
convinced by Horace Wal pole's historical brief that Richard 
III was more sinned against than sinning, or who has set down 
Columbus as a master of cruelty because a recent writer, whose 
name I am glad to forget, has published a volume to convict 
him of piracy and other heinous crimes? 

Ancient authors have not fared so well. Within the last hun- 
dred years the assault has been extended to the very foundations 
of history ; and, as extent of time seems alone enough to make 



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NEW HAMPSHIRE HISTORICAL SOCIETY. 



records mythical, we may expect that our own era will be 
treated as at least semi-fabulous by the critics of 2878, if the 
refining process goes on for the next ten centuries. 

When the existence of certain pre-Christian writers has been 
conceded, they have often been set down as romancers or virtual 
simpletons ; but we may perhaps find good reason for believing 
that, like the men of to-day, they tried to tell the truth, and had 
common-sense, though sometimes prejudiced and credulous — 
defects not unknown in the afternoon of the nineteenth century. 

This is an age of intellectual as well as civil upheaval. Old 
beliefs, as well as old institutions, are closely scrutinized, and 
sappers and miners are hard at work. We are not of those who 
believe that chaos is to return, or that, like the French revolu- 
tionists of 1792, the wise men of to-day must reject everything 
that savors of antiquity. The world is making progress, and 
disintegration may be a needed preliminary to the reconstruc- 
tion of some of our beliefs. But, after all, the chief modifica- 
tion will be required in our views of facts, and not in the facts 
themselves. Let us examine the claims of history as they have 
been menaced by two most formidable assailants, study the 
latter's tactics, weigh the results of the battles thus far fought, 
and see if the attacking parties are as completely masters of the 
field as their bulletins, often sent out at the opening of the con- 
flict, have proclaimed them to be. 



\ 



THE MYTHICAL THEORIES. 



First, the mythical theory, in its manifold forms, has been 
pushed to an extreme for the sake of discrediting history. As 
might be supposed, it has been chiefly applied to ancient writ- 
ers and traditions ; for what is recent is generally too firmly 
established to offer any hope to the destructionists. We use the 
word "mythical" in a wider sense than it is often employed. 
Strictly speaking, the myth is distinguished from the fable and 
the parable in not being the result of conscious invention. It 
may vary from the legend in having no historical basis. If we 
may believe writers like Mueller, Grote, Tylor, and John Fiske, 
there was a time when men were mythopoeic, — that is, myth- 
makers. In their simplicity and spontaneity of mind, they 



ANNUAL ADDRESS***' 



189 



imagined divinities as existing in earth, sea, and sky, and 
worked up the most elaborate personifications without being 
conscious of the process. 

John Fiske (Origins of Folk Lore) defines a myth as, "in its 
origin, an explanation by the uncivilized mind of some natural- 
phenomenon ; not an allegory, not an esoteric symbol, — for the 
ingenuity is wasted which strives to detect in myths the rem- 
nants of a refined primeval science, — but an explanation. Prim- 
itive men had no profound science to perpetuate by means of 
allegory ; nor were they such sorry pedants as to talk in riddles 
when plain language would have served their purpose. Their 
minds, we may be sure, worked like our own ; and when they 
spoke of the far-darting sun-god they meant just what they said, 
save that where we propound a scientific theory they con- 
structed a myth." 

Mr. Fiske and his school find solar myths everywhere, and 
trace them back to those mysterious Aryans, of whose race, as 
well as religion, the London Ti?nes humorously pronounces 
Max Mueller the founder. They have discovered that the 
story of Hamlet is only a symbol of the conflict between sum- 
mer and winter; and that, not in Switzerland merely, but in 
nearly half a dozen countries, has there been a William Tell in 
tradition, but without actual existence. Other results no less 
surprising have been reached, to which we shall refer in the 
proper place. 

Of this mythical theory far excellence it may be said, that, 
granting it a reasonable amount of truth, it is untenable in its 
extreme form. It reverses natural processes. If an event has 
occurred, it is easy to see how it may be misunderstood, ampli- 
fied, and distorted in course of time. It may finally reach a 
stage of exaggeration in which the ideal completely overlays 
the real, but there was fact at the start. There are stories in the 
folk lore of many countries of a woman who was buried alive, 
and restored to consciousness by thieves' cutting off one of her 
fingers to get possession of a valuable ring she wore. Is it not 
more probable that all these slightly varying traditions of a not 
impossible occurrence are based on fact, than that they are the 
expression of some old-time mythical principle? The dog which 
killed the serpent by the infant's cradle, and being covered with 



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NEW HAMPSHIRE HISTORICAL SOCIETY. 



blood was slain by his master on suspicion of having eaten his 
charge ; the falcon which dashed the poisoned cup from the king's 
hand, and was put to death before it was discovered that he was 
trying to save the king's life, — are different versions of what is 
more likely to have happened, than to have come down through 
the clouds. If all men sprang from a common source, or if 
many modern races had Aryan ancestors, it is altogether likely 
that the memory of remarkable occurrences, even in the earli- 
est ages, would be handed down through a long succession of 
generations. It is hard to believe that the primitive races had 
so much of the philosophic sense as to personify their abstract 
conceptions, and yet be stupidly unconscious of what they were 
doing. It is easier to suppose that the unenlightened masses 
lost the real sense of traditions and of the allegorical teachings 
of their priests and philosophers. 

As regards the Grecian mythology, we have the plain state- 
ment of Herodotus, B. C. 450: " Whence each of the gods 
sprung, whether they existed always, and of what form they 
were, was, so to speak, unknown till yesterday. For I am of 
opinion that Hesiod and Homer lived four hundred years before 
my time, and not more ; and those poets framed a theogony for 
the Greeks, and gave names to the gods, and assigned to them 
honors and arts, and declared their several forms." Book ii, 53. 

Another school of writers finds the old-time veneration of the 
reproductive principle the foundation of many a devoutly cher- 
ished fancy. Astronomical allegory was the key with which 
some writers of the last century strove to unlock the door to 
every mystery, and their wild explanations seem to be regain- 
ing their lost reputation in our own day. Others still, who can 
hardly be reckoned among mythical champions, though they 
are their near relatives, are lynx-eyed in detecting the age and 
surroundings of an author by his style, and what they are 
pleased to call his " tendency." They carry their theory as far 
and as absurdly as does Mr. George Wilkes, who, in his recent 
volume on Shakespeare, attempts to prove the great dramatist 
a Roman Catholic, because he has made some of his characters 
profess their devotion to the papal establishment or enunciate 
its doctrines. Given an author's age, he must have written so 
and so ; and if he rises above his contemporaries, and antici- 



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pates ever so imperfectly the ideas of a future generation, it is 
held to be most likely that his reputed works are not genuine. 
In short, we are asked, on different but kindred theories, to 
reject ancient statements — that is, history — unless supported by 
overwhelming evidence. The rules of our courts do not hold 
here, for the defendant is presumed to be guilty until he has 
demonstrated his innocence. It is not pleasant to believe that 
the mass of early historians were such clever rascals that they 
succeeded in deceiving their contemporaries and all subsequent 
generations up to near our own times. Are the records of the 
past generally true, subject to reasonable qualification in view 
of human infirmity, or are they mere moon- (we mean sun-) 
shine and creative symbols? 

CANONS OF JUDGMENT. 

Vincent of Lerins, an early church authority, declared worthy 
of unquestioned acceptance whatever doctrine had been believed 
everywhere, always, and by all. So, when we find a well-nigh 
universal human tradition, varying in details yet identical in 
essence, we set it down as true. If it appears to embody ob- 
jective fact, we may pronounce it historical or semi-historical, 
without being always as confident as Euhemerus of our ability 
to separate the husk from the kernel. If it merely typifies 
a moral or intellectual principle, we recognize its subjective 
truth. 

If the historical substrata of two or more distinct nan atives 
are akin, the simplest and most reasonable form is to be accept- 
ed as the earliest. Men forget facts at least as often as they 
pile up legends, and modern research, especially in the line of 
archaeology, is playing sad havoc with the theories of the myth 
doctors. Could the old writers who have been so roughly han- 
dled by them return to earth, they would have ample satisfac- 
tion in seeing how frequently the tables have been completely 
turned on their maligners. 

WOLF AND HIS SCHOOL. 

A little less than a century ago, Frederick Augustus Wolf, a 
famous German professor, broached the theory that Homer was 
a myth, — the Illiad and Odyssey being the songs of various 



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rhapsodists, finally collected. This was flying in the face of all 
ancient tradition and of all written history. It aroused much 
opposition, but made many converts. It gained a still greater 
number of half-way adherents. These were willing to admit that 
the story of the Trojan war was wholly mythical, or at best 
nine tenths legendary, while it was quite possible that the two 
epics were mainly the work of one author. When Wolf wrote, 
philological criticism was in its infancy, and archaeology was no 
further advanced. With their progress, the reaction from his 
extreme views would have been more rapid had it not suited 
the German mind to be skeptical. Niebuhr applied the myth- 
ical system to Roman history. Our ancestors believed in the 
general truthfulness of Livy and the other Latin historians. Of 
course they did not credit the alleged celestial parentage and 
lupine adoption of Romulus and Remus. Still, with a judi- 
cious application of the rationalizing process, they felt that the 
Roman w r riters could be trusted. Niebuhr, however, borrow- 
ing the thunder of Wolf, spread the mythical veil over all the 
earlier periods of Roman growth. Strauss meanwhile sought 
to resolve the narratives of the Four Evangelists into myths, 
and wherever the hypothesis would not precisely fit, magnified 
variations of expression or detail into positive contradictions, 
and so used one writer to annihilate the others. 

The fashionable sun-myth process was found to be happily 
applicable to Homer. The events described in the Iliad were 
not only repetitions of what had been detailed in the Rig Veda, 
but actually dated back to u a period preceding the dispersion 
of the Aryan nations." So thought Max Mueller and Mr. John 
Fiske, and they may not have changed their minds. l * It is dis- 
heartening," wrote the latter in 1S70, in a review of Mr. Glad- 
stone's "Juventus Mundi," "at the present day, and after so 
much has been finally settled by writers like Grote, Mommsen, 
and Sir G. C. Lewis, to come upon such views [Mr. Glad- 
stone's belief that Agamemnon, Achilles, Paris, et al., were 
actual personages] in the work of a man of scholarship and 
intelligence. One begins to wonder how many more times it 
will be necessary to prove that dates and events are of no his- 
torical value unless attested by nearly contemporary evidence. 
* * * The belief that there was a Trojan war rests exclu- 



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sively upon the contents of those poems : there is no other 
independent testimony to it whatever." 

Mr. Fiske proceeds to show how the chief personages in the 
Iliad are solar personifications, but he concedes that this "does 
not forbid the supposition that the legend, as we have it, may 
have been formed by the crystallization of mythical conceptions 
about a nucleus of genuine tradition." 

You all know how, during the lastfew years, a zealous coun- 
tryman of Wolf, and by naturalization our fellow-citizen, — Dr. 
Schliemann, — has demonstrated, if not the literal truth of the 
non-supernatural part of much of Homer's narrative, its historic 
basis. He has shown that Ilium existed ; that it was burned ; 
that Homer was wonderfully accurate in his topographical 
descriptions and allusions, — much more so than could be ex- 
pected from one writing a poem a century or two after the 
siege. Dr. Schliemann has also possibly discovered the re- 
mains of the murdered Agamemnon at Mycenae, surrounded 
by those of his fellow-victims. Mr. Fiske has abundant reason 
for being disheartened, not at Mr. Gladstone's credulity, but at 
his own speculations. Whether or not Dr. Schliemann is justi- 
fied in all that he claims, he has developed most important 
facts, and opened the door to many more. He has confirmed 
the general truth of ancient tradition, as embodied in the writ- 
ings of men like Pausanias and Strabo ; while Capt. Burton in 
Midian, Dr. Curtius in his labors at Olympia, Constantin Caro- 
pana at Dodona, and Mr. Wood in his excavation of the tem- 
ple of Diana at Ephesus, have also shown triumphantly that 
the old chroniclers were as faithful as any modern reporters or 
historians could be. It is better to walk on the ground with 
common men, than to mount in the balloons of speculation until 
the fierce beams of the sun blind the eyes. 

Rome is little behind Greece in yielding unpalatable fruit for 
the myth-finders. They have set down the kings as fabulous 
personages, though the Cloaca Maxima was before their eyes to 
remind them that there must be a very substantial basis of fact 
to ancient traditions. The government explorations are every 
year developing new facts, or recalling old ones, to shake their 
doubts. The Servian wall, the Circus Maximus, and the Cap- 
itoline Temple, unite with the wonderful sewer in illustrating 



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NEW HAMPSHIRE HISTORICAL SOCIETY. 



the greatness and wealth of the Eternal City in its alleged 
mythical age. As Goldvvin Smith adds to the mention of the 
above evidences : " That Rome was comparatively great and 
wealthy is certain. We can hardly doubt that she was a seat of 
industry and commerce, and that the theory which represents 
her industry and commerce as having been developed subse- 
quently to her conquests is the reverse of the fact. Whence but 
from industry and commerce could the population and the 
wealth have come ?" 

It is not my purpose to analyze Strauss's skepticism. It is 
enough to say that his precise hypothesis is no longer in credit 
even in Germany. He has had numberless successors, each 
desirous of killing Christianity in his own way. At last accounts 
the New Testament was better known and appreciated than 
either of their systems, which are more destructive of each 
other than of the object of their common hostility. 



\ 



THE SCRIPTURES AND THEIR CRITICS. 

One might cite Archbishop Whately's ingenious argument 
to show that Napoleon Bonaparte must be a myth, by applying 
the same principles of reasoning to his wonderful career as 
Strauss has done to that of Christ, and various historical theo- 
rists to secular events ; but it comes nearer home to notice a 
queer coincidence that attracted my observation, and which I 
recorded at the time in the paper with which I am connected. 
You know that each of the four evangelists gives the inscription 
on the cross in slightly varying words. This has frequently 
been adduced as an evidence of their lack of information, unre- 
liability, and even of the uncertain occurrence of the event de- 
scribed. The fairness of these deductions is happily illustrated 
by a superscription of our own time, recorded by four men, who, 
if not evangelists, were neither imposters nor myths. Capt. 
Lahrbush, who died in New York April 3, 1S77, at the reported 
age of in, was buried on the 5th of the same month. His 
funeral was held in a church, and was attended by the repre- 
sentatives of four different papers. Each of these appears to 
have read the inscription on the coffin-plate, but no one of them 
quotes it in precisely the same words. The Herald reporter 






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said it was as follows: " Frederick Lahrbush died April 3,. 
1877, aged in years." The World had it, "Frederick Lahr- 
bush born 9th March, 1766; died 3d April, 1877." In the 
Tribune it appeared, "Frederick Lahrbush, born March 9, 
1766; died April 3, 1S77. Finally the Times published it as 
"Frederick Lahrbush, born 9th of March, 1766; died 3d of 
April, 1S77." 

Shall we conclude from these discrepancies, fully as impor- 
tant as those of the evangelists, that the reporters were writers 
from hearsay, or wicked impostors, or that Captain Lahrbush 
was never buried? We certainly have the right to take our 
choice of these suppositions, or even lump them all together, if 
we follow the precedents set by some reputedly astute biblical 
critics. One or two of the results of the wild scheme of astro- 
nomical allegory, first enunciated by Dupuis in his Origin of 
Religions, near the close of the last century ; popularized by 
Volney in his Ruins ; adapted with variations, and more or less 
fully, by Sir William Drummond in his CEdipus Judaicus ; by 
Godfrey Higgins in that vast muddle of undigested learning, 
the Anacalypsis ; repeated ad nauseam by men of feebler minds 
and even greater anti-Christian malignity, and galvanized into 
new life by some writers of our own day, — may be cited. 

The mere mention of a point or two is enough to expose the 
absurdity of the school. While its representatives have adduced 
some curious facts showing a connection between the religious 
and astronomical theories of the ancients, they have distorted 
mythology and philology to an almost incredible degree. They 
have strained verbal resemblances in names to the utmost, and 
inverted the pyramid by basing the mythology of nations on the 
zodiacal signs, instead of treating these signs as being invested 
with conceptions borrowed from previously existing beliefs. 
When they tell us that our Saviour was merely a type of the 
sun, His mother the constellation Virgo, and His death and 
resurrection the sun's passage from the winter to the vernal 
solstice, they are confronted by the positive testimony of Tacitus 
to the reality of His existence, by the sufferings of thousands of 
martyrs who would not have laid down their lives for an astro- 
nomical fable, by the spread through the Roman empire of 

doctrines heretofore unheard of, and contrary alike to Judaic 
vol. ix. 15 



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NEW HAMPSHIRE HISTORICAL SOCIETY. 



formalism and to every school of heathen philosophy. If 
astronomy, either literally or figuratively taught, worked such 
transformations against most formidable obstacles eighteen cen- 
turies ago, it is singular that its miraculous powers have been 
so entirely lost. 

The exploration of the Roman catacombs is throwing a con- 
stantly increasing flood of light upon the early history of the 
church, and confirming the accuracy of the histories, sacred 
and profane, that have come down to us. Their miles on miles 
of streets, lined with the tombs of those who sacrificed their all 
for their faith, bring before us the lives, beliefs, and sufferings 
of the early Christians as vividly as do those of Pompeii the 
ways of their unbelieving Roman contemporaries. Had Tac- 
itus, Suetonius, and Pliny never written a line, we should have 
in these subterraneous passages confirmations of Holy Writ that 
would put Dupuis and his followers to the blush, if that were 
not a physical process against which they are wholly proof. 
Of Inman and his unclean phallic crew, I will only say that 
they gloat over the details of abominations briefly noticed and 
•sternly reprehended by the Hebrew prophets, but have been 
unable to fix them upon Judaism except when Jews turned 
their backs on Jehovah to adore Baal and Astarte. 

We are not lecturing on Scripture, except to illustrate his- 
torical evidence in general by what has been alleged in regard 
to one important department. We must, therefore, content 
ourselves with a passing allusion to the discoveries of the 
lamented George Smith, respecting the Chaldean legends of 
the creation, fall of man, and the deluge. They are wonder- 
fully like those of the Pentateuch, though lacking their sim- 
plicity, coherence, and beauty. It seems plain that the Hebrew 
version is the original. Though the other is at least as old as 
Abraham, Moses must have had access to still earlier docu- 
ments. Some late writers have attempted to apply the evolu- 
tionary process to Judaism, making its peculiar monotheism a 
a late attainment, but the Chaldee tablets, much more their He- 
brew prototype, cannot be ascribed to the time of Ezra. The 
comparison of mythologies would lead us too far from our 
proper subject, but we repeat the proposition, that when vary- 
ing accounts exist, the simplest must be the oldest, unless it be 



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a revised and rationalized version ; and this process always be- 
trays itself. 

The mythical and tendency theories, as applied to the New 
Testament, are too technical for consideration here. It is 
enough to say, that no two writers of this school are agreed as 
to what is myth and what is fact, as to what is genuine and 
what is interpolated. Much dust has been raised over the pe- 
riod of the composition of the gospels, but no critic has been 
able to show how or when the early church was made to believe 
that some forged gospel or epistle was apostolic, though no such 
uncertainty attends the discovery that any apocryphal book was 
temporarily and partially accepted, and eventually rejected. If 
the same tests were applied to the classics as to the canon, no 
one could be sure of the genuineness of many works whose gen- 
uineness has never been questioned. 

The fallibility of the tendency and mythical theorists was 
very happily exposed in Germany a few years after the publi- 
cation of Strauss's Life of Jesus, and of other works in which 
the origin of the New Testament books was examined from the 
point of view of their style by modern critics, lynx-eyed in de- 
tecting an anti-Judaic element, to which the church of the first 
four and the next twelve centuries was blind. William Mein- 
hold, a North German pastor, resolved to put their acumen to 
the test. He produced what claimed to be a romance worked 
up from an old manuscript of the seventeenth century, found in 
his church. The "Amber Witch," as it was called, told in an- 
tiquated language how a minister's daughter, during the Thirty- 
Years War, came near being burned at the stake. She could 
not satisfactorily account for a large amount of amber which 
she had found, and was believed to have obtained it through 
witchcraft. The book was submitted to various rationalistic 
experts. To a man they indorsed the genuineness of the nar- 
rative, finding in it all the evidences of real antiquity. When 
told that it was Meinhold's composition, they became virtuously 
angry, and denounced him in no measured terms for his w r ant 
of truthfulness. 



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NEW HAMPSHIRE HISTORICAL SOCIETY. 



FORGOTTEN AFRICAN DISCOVERIES. 

Geographers of the stay-at-home order may not strictly rank 
with mythical theorists, yet they have often sacrificed fact for 
fancy as needlessly and absurdly as the men just mentioned. 
They have preferred their own guesses to the records of hard 
working and truthful explorers. Africa has especially suffered 
at their hands. Had the theoretical compilers of maps and 
treatises given due credit to the statements of the ancients, and 
of the early Portuguese missionaries and traders, the lives of 
many modern travellers might perhaps have been saved. At 
all events, their journeyings would have been less hap-hazard. 
We find even Dr. Livingstone — by no means to be ranked with 
the library chair authorities — constantly dilating on the mistakes 
and deficiencies of the Portuguese writers. 

Most of you have seen in a late number of Harper's Weekly 
a facsimile of a map of the African continent, published in 
1626, which is a much better representation of the country than 
any published between 1750 and 1850. It is not wholly cor- 
rect, for the Niger is made to flow into the Atlantic through the 
Senegal and Gambia, instead of reaching it, after making a 
great circle, in the Gulf of Guinea. The equatorial lakes, which 
are the sources of the Nile, are located several degrees too far 
south, and the Congo is erroneously represented as sharing one 
of these fountains; but there is an approximation to the great 
lacustrine system rediscovered within the last dozen years. The 
mistakes are by no means as misleading as the solid rampart 
of Mountains of the Moon that was drawn across the continent 
in the atlas I studied at school, and are greatly preferable to the 
area of " unexplored regions" which has appeared on all charts 
until within a very brief period. The map reproduced in Har- 
per was not original, for the facts it embodies are to be found 
in still earlier compositions of its class. It is not topography 
alone that has been forgotten through the conceit of geographers. 
Much of what Stanley has recently learned at such great pains, 
the stories of the gorilla which Du Chaillu was pronounced a 
romancer for telling, and many other interesting data, are in- 
cluded in the collections of voyages and travels published in the 
seventeenth and eighteenth centuries. In illustration of this 



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fact I make a few quotations from Anstey's Voyages, published 
in i744-'46, premising that not a few of them had already ap- 
peared in the earlier compilations of Purchas, Dapper, Harris, 
and others. 

Anstey cites Battel as writing of a foray of the Jaghers to the 
west -coast in 1589: "The prisoners were brought into the 
camp alive, and the dead bodies eaten by the Jaghers, who are 
the greatest cannibals in the world, delighting in man's flesh, 
though there were plenty of cattle." These Jaghers were the 
ancestors of the cannibals whom Stanley encountered on the 
upper Congo. Their location is properly indicated on the old 
maps, and there are frequent accounts of their expeditions. 
They took the capital, Banza Congo, or San Salvador as the 
Portuguese call it, and speedily erected their human shambles. 

Of the Pigmies, known to the Romans, but thought mythical 
by the moderns until Schweinfurth encountered some of them 
a few years ago, we are told in Anstey's synopsis of Dapper 
and others: "To the north-east of Mani Kesek, a prince living 
eight days east of Cape Negro, in Loango, are a pigmy people 
called Matembas, no taller than boys of twelve years old, but 
very thick. They live only on flesh, which they kill in the 
woods with their bows and arrows. They pay tribute to Mani 
Kesek in elephants' teeth and tails ; and their women use bows 
and arrows as well as the men, and one of them will walk the 
w r oods alone and kill the Pongos, or great baboons, with their 
poisoned arrows." 

Here is a mention of the gorillas (or Pongos) , and there are 
descriptions of them in the same work, and a picture of one 
side by side with that of a chimpanzee, the two creatures being 
carefully distinguished. Had people twelve or fifteen years 
ago remembered what they were told by honest if old-fashioned 
eye witnesses, Du Chaillu would not have ranked as a Mun- 
chausen until his truthfulness was made apparent by the arrival 
of both dead and live gorillas in this country and Europe. We 
quote again from Anstey. 

Battel says, — u In the woods about Mayomba, in the king- 
dom of Loango, there are two sorts of monsters, the greater 
called Pongo and the lesser Eujoka. The former is propor- 
tioned exactly like a man, but of a larger size and very tall. 



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The face is like that of a man, but hollow eyed. There is no 
hair on his hands, ears, or face, except his brows, where it is 
very long. His body is covered with hair, though not thick, of 
a dun color. He differs only from a man by his legs, which 
have no calf. He always goes erect, and carries his hands on 
the nape of his neck when he walks. They sleep in trees, and 
build shelters from the rain, living upon what fruit or nuts the 
woods yield, for they eat no flesh. * * * The Pongos are 
never taken alive, being so strong that ten men cannot hold one 
of them, but the natives take many of their young by killing 
the dam." 

The author here quoted may not be scientifically correct in 
his details, but he certainly saw gorillas, or was familiar with 
their general nature and habits through trustworthy informants. 

We might continue these extracts to great length, but we 
restrict ourselves to one more. You are perhaps aware that 
since the discovery of diamonds has attracted so many European 
adventurers to south-eastern Africa, splendid stone structures 
have been found west of Sofala, supposed by many to be Sol- 
omon's Ophir. These buildings, which no ordinary negro 
could have built, are akin to the Cyclopean edifices, the pro- 
duct of early Hamite skill. The surprise of the diamond hun- 
ters was also experienced by a military chieftain named Barreto, 
a kind of Portuguese Cortes, two centuries and a half ago. 
The old chroniclers are not silent in regard to them. Lopez 
says, — "In the countries of Monomatapa there remain many 
ancient structures of great labor and singular architecture, built 
with stone, lime, and timber, the like whereof are not to be 
seen in all the provinces adjoining." He thence conjectures 
that Solomon might have had his gold from this quarter. 
Another writer tells that "In the Mount Assur, near Mas- 
sapo [that is, south of the river Zambesi], are seen the remains 
of stately buildings, supposed to be palaces and castles." 



N 



HISTORY AND SCIENCE. 



I pass to the second great antagonist of history. In our own 
days the claims of history are being denied as a whole, or at 
least relegated to a very circumscribed place by the radical 



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advocates of certain branches of physical science — of all-em- 
bracing science, with the biggest kind of an S, as they would 
have the world believe. Physical phenomena cannot explain 
everything, but established data must prove invaluable aids in 
forming our estimates of the world and its inhabitants. If the 
Baconian order is not abandoned, and facts are not adjusted to 
meet the exigencies of a preconceived hypothesis, important 
results may be reached. It may be well-nigh impossible to 
avoid guessing at the outcome of an unfinished process, but the 
truly scientific mind is judicial rather than imaginative. It is 
constructive, but it postpones building until it has collected a 
sufficiency of material. 

It is often alleged that there is a conflict between theology 
and science ; that the former has ever represented blind prej- 
udice, while the latter is the consistent champion of truth for 
truth's sake. President White, of Cornell University, has writ- 
ten a little volume to show how theology has always been op- 
posed to science, and how science has invariably conquered. 
He seems to assume that science is an unchangeable entity ; 
that all the unreasoning passion is on his opponents' side ; and 
to forget that a great many important discoveries have been 
made by men whose devotion to religion was the ruling prin- 
ciple of their nature. Herbert Spencer is more candid, for he 
recognizes the existence of an odlu?n antitheologicu?n, as well 
as of an odium theologicum. Both may well be dispensed 
with, but if the representatives of current beliefs have often been 
unduly timid, the overthrow of their convictions has as often 
been proclaimed with an arrogance and exultation little calcu- 
lated to allay opposition, much less to effect conversion. Fur- 
ther, science has taken many false steps. Not to mention indi- 
vidual mistakes, the French Academy has declared at various 
times against the use of quinine, against vaccination, against 
lightning-rods, against the steam engine, and against the exist- 
ence of meteorolites. Twenty-five years ago the man who 
dared assert within ear-shot of Harvard college that all men 
were descended from a single pair was regarded as much more 
orthodox than enlightened. Yet, when Prof. Agassiz died he 
left very few disciples. So far as geology is concerned, it is 
enough to say that no two of the half dozen or more editions of 



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NEW HAMPSHIRE HISTORICAL SOCIETY. 



Lyell's treatise agree. The changes that he made may be 
ascribed to progress, but it is a fact, as we shall soon see, that 
there is a tendency to return to some of the earlier theories. 

Specialists in the different departments of natural science 
evince no little jealousy when their fields are invaded. They 
deny the competency of any man to have an opinion even, who 
has not become minutely acquainted with all their products. 
To this it may be answered, first, that a specialist may gather 
details without being competent to generalize from them. A 
man may be a skilful miner of gold and silver, and yet be a 
child in the laws of finance. His views on strata and shafts 
may supply valuable information, and be intelligible to those 
who could not work them to advantage. Second, we do not 
observe that these specialists are careful to keep within their 
own bounds. They boldly advance into the dominions of spec- 
ulation, and are not at all reluctant to pass judgment on ques- 
tions which lie entirely within the jurisdiction of the novelist, 
metaphysician, or historian. 

As they have raised an issue with history on some important 
points, we will glance at the matters in dispute. The theory 
of evolution, in the special form required by the Darwinian 
hypothesis, and in its wider statement which endows it with all 
the power of Omnipotence, consciousness excepted, has won 
the favor of scientific men, while a still greater number accept 
it as the most intelligent explanation of the plan on which the 
Deity has worked, and as accounting for the existence of par- 
tially developed or obsolete organs, heretofore unaccounted for. 
There are other plausible arguments for its truth, which will 
no doubt suggest themselves to you. It is admitted, however, 
on all sides, that there are great gaps to be filled, especially 
when the hypothesis is applied to man. His ascent from the 
brutes is a matter of pure speculation ; so is the transformation 
of inorganic into organic matter; and so also is the transmuta- 
tion of one species of organized being into another. If the 
changes have occurred they have been incredibly slow, and 
none have taken place within the memory of man. 

The relations of evolution to humanity are the only ones with 
which we are now concerned. The earlier geologists conceded 
that our race had recently appeared on the earth, and that the 






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great periods preceding man's creation were separated by catas- 
trophic eras, in which countless lower species of existences had 
perished, giving place to others with whom they had no con- 
nection. Human remains have been discovered, however, 
under circumstances which seem to indicate a much greater 
antiquity than was formerly supposed. When evolution was 
suggested as the substitute of direct creation, this last discovery 
was utilized. The origin of man was put back hundreds of 
thousands of years, while millions more were demanded for his 
slow development through lower types of creation. Catas- 
trophic geology was abandoned, and the uniformitarian theory 
took its place. If evolution was the sole influence at work, 
there must be comparatively smooth sailing from beginning to 
end. At all events, there must be no breaks. If man sprang 
from the brutes, then he must have begun his human career as a 
savage. Confirmation of this was alleged to exist in the skeletons 
or parts of skeletons lying in European caves and gravel drifts 
in close proximity to the remains of animals long since extinct 
in that part of the world, and to others which have disappeared 
from the face of the earth. According as rough stone, polished 
stone, or copper weapons or utensils lay near human remains, 
the latter were pronounced representatives of the palaeolithic, 
polished stone, or bronze ages — a classification first established 
by Danish experts. In our own country, traces of human ex- 
istence have been discovered which are ascribed to a very early 
period. The so-called Calaveras skull, dug from a mining 
shaft in Table Mountain, California, is believed by Professor 
Whitney to belong to the Pliocene epoch ; but the majority of 
the best geologists declare that the earliest date of man's exist- 
ence thus far proved is the Champlain epoch of the quaternary 
period, a very much later time than that claimed by Professor 
Whitney on very slender grounds. Professor Le Conte, of 
California, estimates that man came on earth from ten to fifty 
thousand years ago — more probably the latter. Mr. Croll and 
other astronomical and mathematical authorities have shown 
that the age of the earth must be much less than the many 
myriads of years formerly attributed to it. 



204 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



A RETURN TO OLD THEORIES. 

There is also a marked tendency of late on the part of geolo- 
gists to reiidopt the catastrophic theory, at least in part. Le 
Conte has employed the word unconformity to designate the 
periods of disturbance which separate those of comparative 
repose. Though he does not like to admit that there have been 
actual breaks in the chain of existence which would prove fatal 
to evolution, he says, — " In all speculation on the origin of the 
animal kingdom by evolution, it is very necessary to bear in 
mind this lost interval, for it has evidently a great duration." 
He has special reference here to the disappearance of the Lau- 
rentian rocks ; but his words have a wider bearing. 

Clarence King, in his address before the Sheffield Scientific 
School of Yale college last summer, argues forcibly for the 
necessity of catastrophe as an explanation of the wonderful for- 
mations of Colorado and California. He speaks of the ultra 
uniformitarians as persons u whose dominant characteristic is a 
positive refusal to look .further than the present, or to conceive 
conditions which their senses have never reported. * * They 
suffer from a species of intellectual near-sightedness too lament- 
ably common in all grades and professions of men. * * They 
have saturated themselves with the present modus operandi of 
geological energy, and, culminating in Lyell, have founded the 
British school of Uniformitarianism." He objects to " sweep- 
ing catastrophism as an error of the past," but instances many 
periods in the history of canons and mountain chains, of which 
it is the only adequate explanation. His utterances are the 
more important, because he still believes that " He who 
brought to bear that mysterious energy we call life upon pri- 
meval matter, bestowed at the same time a power of develop- 
ment by change, arranging that the interaction of energy and 
matter which make up environment should from time to time 
burst in upon the current of life, and sweep it onward and up- 
ward to even higher and better manifestations." The admis- 
sions of a thorough-going evolutionist are valuable, however 
satisfactory his attempts at reconciling his concessions with his 
theories may be. He regards the later periods as eras of com- 
parative quiet, and so indeed they are. 

Still modern history is not wanting in instances of wondrous 



V 



ANNUAL ADDRESS. 



205 



changes wrought by earthquakes and volcanic eruptions. The 
rise of the volcano of Jorullo in the last century produced 
greater changes in the surface of a wide district in Mexico than 
ordinary causes could have effected in thousands of years. The 
erosion of water has changed the line of coasts within the mem- 
ory of two or three generations. Yet man, as man, has not 
been modified since history began ; and prehistoric skulls, with 
perhaps the exception of that known as the Neanderthal, show 
no exceptionally low or brutish characteristics. The flat shin- 
bones of the cave-men of Europe are to be found among the 
American Indians of our day, and the general type of the cave- 
dweller is very nearly that of the modern Esquimaux. Profes- 
sor Whitney's Calaveras skull is denied the antiquity which he 
claims for it, by the Darwinians, because it looks like that of a 
Mexican Indian ; and if we may carry out Mr. King's ideas to 
their legitimate conclusion, it may have been buried by an 
earthquake in a comparatively recent period. Palaeontology 
reveals, then, no essential changes in man. 

ANTIQUITY OF MAN. 

The proofs of his antiquity must be found in the formations 
in which his earliest remains have been discovered. Calcula- 
tions based on the rate of deposit in the streams and deltas of 
rivers are of very little force, since nearly every river is a law 
unto itself. You may have heard that the Mississippi is con- 
stantly changing its course, now eating into one bank and then 
into the other; here cutting and there abandoning a channel. 
No pilot who has been off duty for a year is allowed to return 
to work until he has made one or two trips of inspection. Is- 
land No. 10, so famous during the war as a base of operations, 
was half washed away when I passed it in March, 1S74. Lyell 
claimed for the delta of this river an antiquity of hundreds of 
thousands of years, while the American Coast Survey reduced 
its age to about 4,500 years. The rate of progress has probably 
not been uniform. The delta of the Po has advanced twenty 
miles since the Christian era, while the Nile delta is estimated 
to be making much slower progress. The process may be 
rapid, or gradual, according to circumstances. Not many years 
ago the gunwale of a flat-boat with an auger-hole bored through 



206 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



it was discovered about twenty feet under ground, at Port Jack- 
son, on the Mississippi. Mr. Fontaine, who chronicles the 
fact, says that the age of no fossil found in the alluvium of the 
present delta of Louisiana can be determined. 

The accretion of stalagmite is equally variable. In a well at 
Aix les Bains, Savoy, into which the Romans were accustomed 
to throw votive offerings, coins of the time of Nero were found 
under several inches of stalagmite, while between them and 
other offerings of a far earlier period there was another accu- 
mulation of the same kind. Yet the advocates of uniformita- 
rianism call upon us to concede an equal and always slow 
growth for deposits like these, and are unwilling to admit that 
its rate could change through countless centuries. 

It is now well known that the lake dwellings of Switzerland, 
for which the date of 7,000 years before Christ was thought not 
extravagant, were used at least as late as the Christian era. In- 
deed, their counterparts were seen in Africa by Lieut. Cameron 
three or four years ago. The existence of the stone, bronze, and 
iron ages, as long, successive, and universal periods, cannot be 
maintained. Africa, according to Dr. Livingstone, never had a 
stone age, iron having been worked there from time immemo- 
rial. In our own days, and such appears to have frequently been 
the case even among the prehistoric men, savages use rough 
stone, polished stone, and metallic weapons and tools at the 
same time. 

There is good reason for supposing that many of the savage 
beasts now confined to Asia and Africa survived in Europe to 
a period that may be called prehistoric only because European 
civilization post-dated that of Asia, the cradle of the race. We 
know that the great Irish elk, by many regarded as the contem- 
porary of the mammoth, still existed in the twelfth century of 
the Christian era, and a comparatively late survival is true of 
other creatures now extinct. The mere fact that savages appear 
to have been the earliest inhabitants of Europe is far from prov- 
ing that such as thev were the forerunners of civilized races 
everywhere. Our American tribes were preceded by superior 
races, and should one from the simple discovery of Esquimaux 
skeletons on our own continent infer that they were the ances- 
tors of later immigrants, he would jump at no more unwar- 



ANNUAL ADDRESS. 



207 



rantable conclusion than some European scientists have done in 
regard to their own continent. 

It would be foolish and unjust, however, to assert that there 
are not difficult problems bearing on the origin and dispersion 
of the human race yet to be solved. Geology and paleontology 
have their appointed work to perform, and evolution may be 
a factor that cannot wholly be rejected. 

Still, from reasons already mentioned, and which would gain 
strength by a more detailed presentation, it seems obvious that 
the claims of physical science to be the interpreter of all mys- 
teries cannot be allowed. It leaves unexplained moral phe- 
nomena, and with them the life of history. If man has had 
nothing but bodily training, and no teacher but his environ- 
ment, all these thousands of years, the testimony of his con- 
sciousness and the records of the past must be set aside. 

We have not entered the field which science holds indepen- 
dently of history. Our survey covers only the territory occupied 
in common. Having summarized the arguments of the physi- 
cists, it remains to hear the other side. Man's mind, as well 
as his body, has something to say. 



THE VOICE OF HISTORY. 

We have seen that historical testimony is generally veracious, — 
at least, that it is founded on fact. Is it supposable that the 
sum total of evidence — general tradition — is less trustworthy 
than its parts? There are certain widespread beliefs that have 
come down from the earliest ages of which we have any record. 
In most of their forms there is a large accretion of fable, but 
the different witnesses, without the possibility of collusion, agree 
in several important points. There was a primitive golden age, 
or Eden. The serpent and the tree of life, the ruinous error 
of a woman, be she Eve or Pandora, the weekly division of 
time, and the story of the deluge, are more or less clearly incorpo- 
rated in the majority of ethnic traditions. Further, we find that 
the different heathen faiths were most nearly monotheistic at the 
start, becoming gradually more corrupt and degenerate. There 
is not a prominent nation on earth whose authentic or semi- 
authentic history does not begin within a period of 3,000 years 
before the Christian era, with the possible exception of Egypt, 



208 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



the chronology of which is still in dispute. Whether that king- 
dom was founded 3,000 or 6.000 years before Christ, it was 
fully civilized when first known, as were the great monarchies 
with which it contended for the supremacy at a later period. 
Of the immensely long antecedent dominion of gods and demi- 
gods claimed by Manetho it is not necessary to speak. 

The newly established science of Ceramics, if we may dignify 
by that title the study of pottery, also affords evidence of the 
recent origin of civilized man. Dr. Prime, no mean authority, 
says, — 

" We will not pause to discuss theories of the origin of the 
race. Art study is a study of facts; and where theory is em- 
ployed, it is, as it always should be, merely a tool to be used 
in investigation, and thrown away unless investigation changes 
it from theory to fact. A school-boy's theory is worth as much 
as a Newton's, until proved, or disproved, by investigation. 
All study in every department of human art begins at a period 
not long after the Mosaic deluge. All art history, when traced 
toward its beginning, is found to commence at a time less than 
5,000 years ago. There is no work of human hands, no result 
of human thought, ever known, whose date is fixed at more than 
3,000 B. C. The earlier dates assigned by some able men, in 
contradiction of equally able men, to the Egyptian monuments 
of the ancient dynasties, are theoretic. The converging lines in 
the history of all human inventions and arts, in tombs, in arch- 
itecture, in money, in forms of religion, in language spoken or 
written, above all in ceramic art, traced from their indirect 
divergence toward their place and time of origin, point to the 
western portion of Asia as the place where, and about 5,000 
years ago as the time when, the history of man as read in his 
work must begin. The study of these arts, therefore, leads to 
the belief that prior to that time there were no men on the earth, 
or that a catastrophe of some kind had swept the major part of 
the race and their works from existence, and the remaining few 
began the history again in the western part of Asia." 

It would occupy at least two or three afternoons to present 
even in outline the argument from tradition and mythology for 
the common origin and common primitive faith of man. It 
may be said, however, first, that each nation which has pre- 






ANNUAL ADDRESS. 



209 



served any part of a tradition, not borrowed from another 
nation, is an independent witness: and second, that if there 
exists a more than ordinarily clear and reasonable embodiment 
of the tradition, it is to be received as the earliest. I am aware 
that certain men claim that these beliefs have an exclusively 
subjective origin, or are generalizations from and exaggerations 
of some local event, but I trust I have already made it plain 
that common-sense is not the exclusive possession of modern 
times. When we find Alexander Von Humboldt quoting the 
104th Psalm, and remarking, " We are astonished to find in 
a lyrical poem of such a limited compass the whole universe — 
the heavens and the earth — sketched with a few bold touches ;" 
and adding, " Similar views of the cosmos occur repeatedly in 
the Psalms, and more fully perhaps in the 37th chapter of the 
Book of Job. The meteorological processes which take place 
in the atmosphere, the formation and solution of vapor, the 
play of its colors, the generation of hail, and the voice of the 
rolling thunder are described with individualizing accuracy ; 
and many questions are propounded which we, in the present 
state of our physical knowledge, may indeed be able to express 
under more scientific definitions, but scarcely to answer satis- 
factorily" — when this knowledge of the arcana of physical sci- 
ence existed, there surely must have been the capacity to distin- 
guish between imagination and observation, between fiction 
and fact. It would be very hard to convince the American 
people that they ought to celebrate the 4th of July as the anni- 
versary of the Declaration of Independence, if independence had 
never been declared ; and ancient nations would never have sub- 
mitted to burdensome ceremonials had not antecedent facts 
justified their adoption. 

If it be said that the ordinary estimates of the periods of his- 
tory — estimates which are rather approximations than definite 
calculations, however — are insufficient for the acting out of 
the human drama, the same want of time has been objected to 
the possibility of pure evolution. In his first New York lec- 
ture Professor Huxley noticed the difficulty, but shoved it off 
his shoulders, declaring it did not belong to his department. 

If the general course of humanity has been spontaneously pro- 
gressive, the fact is not apparent in the part of the roll of history 



2IO 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



open to our vision. Empire after empire has yielded to cor- 
ruption and barbarism, and moldered away, but the challenge 
of Whately to cite a single example of a community that has 
risen from barbarism unaided by a superior nation has never 
been met. 

Max Mueller is not infallible, but he has clearly shown in his 
current Hibbert lectures that the idea that fetichism is the prim- 
itive form of worship is unfounded. The earliest faiths known 
in history embodied some of the loftiest ideas, and so do many 
of the savage creeds of to-day. He says Africans who worship 
reptiles and adore gree-grees exhibit "clear traces of a worship 
of spirits residing in different parts of nature, and of a feeling 
after a Supreme Spirit alike hidden and revealed by the sun 
and sky. * * * Fetichism, so far from being, as almost 
every historian tells us, a primitive form of faith, is, on the 
contrary, a secondary or tertiary formation — nay, a decided cor- 
ruption of an earlier, simpler, and truer religion. If we want 
to find the true spring of religious ideas, we must mount higher. 
Stocks and stones were never the first to reveal the infinite 
before the wondering eyes of man." 



CONCLUSION. 

This declaration of Mueller, in a department where he is 
entitled to speak with confidence, is hardly less conclusive than 
his former illustration of the impossibility of the utterances of 
brutes being developed into the voice of man. With his testi- 
mony we rest the case, not for lack of material, but for want of 
time. 

If that which explains man's physical nature be science, cer- 
tainly that which covers his moral, social, and intellectual char- 
acteristics, interpreting his essence by their working under all 
circumstances and in all times, is at least equally worthy of the 
distinction. I have summed up the leading points of the evi- 
dence. It is for you to render the verdict for or against the 
Credibility of History. 



PROCEEDINGS — ANNUAL MEETING. 211 



ANNUAL MEETING. 



Concord, N. H., June 9, 1880. 

The fifty-eighth annual meeting of the society was held this 
day, at eleven o'clock a. m., at its library room, the president 
in the chair. 

The record of the last meeting was read and approved. 

Mr. S. C. Eastman made a statement from Hon. George G. 
Fogg, corresponding secretary, who, on account of illness, 
requested to be relieved from further service. 

The report of the treasurer, Mr. S. S. Kimball, was presented, 
read, and accepted. The report showed debits, $4,122.35; 
credits, $188.52 ; balance, June 8, 1SS0, $3,933.83. 

Mr. S. C. Eastman, librarian, presented his annual report, 
which was read and accepted. From this report it appeared 
that the additions to the library during the past year had been 
681 pamphlets and 108 volumes. Of these 7 pamphlets and 12 
volumes were purchased for very trifling sums, and the remain- 
der were gifts. Large numbers of newspapers had also been 
received. 

A communication from F. W. Hackett, of the committee on 
the subject of securing the better preservation of early town 
records and others of a public character, was read, reporting 
progress, and expressing the hope that a report might be made 
in season for the next session of the legislature. The com- 
mittee was continued. 

A committee was appointed to nominate officers. 

Pending the appointment of a committee to nominate new 
members, Mr. J. M. Shirley moved that Miss Amanda B. Har- 
ris, of Warner, be elected a member of the society. Mr. S. C. 
Eastman moved an amendment, to the effect that it is the sense 
of this society that ladies are eligible to membership therein, 
which amendment was accepted by Mr. Shirley in lieu of his 
original motion, and was passed. Thereupon the committee 

to nominate new members was appointed. 
vol. ix. 16 



212 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Mr. Burrows, from the committee to nominate officers, re- 
ported a list. The report was accepted, and the following 
named gentlemen were elected to the offices therein designated, 
as follows : 

President — Charles H. Bell ; Vice-Presidents — Natt Head, Jonathan 
E. Sargent; Corresponding Secretary — John J. Bell; Recording Secre- 
tary — Amos Hadley ; Treasurer — Samuel S. Kimball; Librarian — 
Samuel C. Eastman ; Publishing Committee — William L. Foster, John 
J. Bell, Erastus P. Jewell ; Standing Committee — Joseph B. Walker, 
Sylvester Dana, Joseph C. A. Hill ; Library Committee — Joseph B. 
Walker, James DeNormandie, Samuel C. Eastman. 

The president read brief memorial notices of the following 
recently deceased members : Hon. George W. Patterson, of 
New York ; John Scribner Jenness, of Portsmouth ; Rev. Silas 
Ketchum, Francis A. Faulkner, of Keene. 

On motion of Mr. J. B. Walker, thanks were tendered the 
president for these notices, and copies of the same were re- 
quested for deposit in the archives of the society. 

On motion of Mr. J. J. Bell, — 

Resolved, That hereafter it be the duty of the standing committee to 
see that memorial notices of deceased members are prepared. 

On motion of Mr. J. B. Walker, the duty of preparing more 
.extended memorial notices of the following deceased members 
was assigned to the following gentlemen: Of F. A. Faulkner, 
to C. H. Bell ; of John S. Jenness, to F. W. Hackett ; of Hon. 
George W. Patterson, to Robert C. Mack. 

On motion of Mr. J. B. Walker, — 

Resolved, That a committee of three be appointed by the chair to 
investigate and report upon the number and services of the New Hamp- 
shire troops engaged in the battle of Bunker Hill, and that they report 
at the next annual meeting of the society. 

Messrs. Joseph B. Walker, George W. Nesmith, and S. T. 
Worcester were appointed the committee under the foregoing 
resolution. 

On motion of Mr. S. C. Eastman, a committee, consisting of 
Messrs. S. C. Eastman, J. E. Sargent, and J. J. Bell, was 



PROCEEDINGS ANNUAL MEETING. 



213 



appointed by the chair to propose a plan for procuring copies 
of papers in the State Paper Office in London, or in any other 
public office or institution in England, relating to the early his- 
tory of New Hampshire. 

On motion of Mr. J. M. Shirley, the subject of the proper 
observance of the Yorktown anniversary was referred to the 
same committee. 

By request, Mr. Charles W. Tuttle, of Boston, made a state- 
ment respecting papers on file in England, giving some account 
of his researches as to the life of Capt. John Mason ; also read- 
ing a copy of the will of Sir Ferdinando Gorges, and showing 
& facsimile of the signature of William Blaxton, the first set- 
tler of Boston. 

Adjourned till 2 p. m. 



AFTERNOON SESSION. 

The society met according to adjournment, the president in 
the chair. 

Hon. Charles Levi Woodbury, of Boston, delivered an ad- 
dress on " The Influence of the Fisheries on the Discovery and 
Settlement of North America/'* 

The thanks of the society were tendered the orator for his 
able and instructive address, and a copy of the same was re- 
quested for deposit in the archives of the society. 

On motion, the recording secretary, Gov. Head, and S. C. 
Eastman were appointed a committee to select an orator for the 
next annual meeting. 

On suggestion of the president, Mr. J. B. Walker offered the 
following resolutions, which were adopted : 

Resolved, (1) That recognizing the utility and value of the volumes 
of the American Archives which have already been published, the N. 
H. Historical Society hereby express their desire and hope that the 
work may be continued by the publication of other volumes, as recom- 
mended by the librarian of congress. 

(2) That a copy of this resolution be forwarded to the chairman of 
the committee of congress on the library. 

* This address has been printed in a pamphlet. 



214 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



On motion, an assessment of $3 on each resident member was 
ordered for the ensuing year. 

Mr. Runnels, from the committee appointed to nominate new 
members, reported the following named persons, who upon the 
acceptance of the report were unanimously elected members of 
the society, as follows : 



RESIDENT MEMBERS. 

Edward S. Cutter, of Nashua; John N. McClintock, of Concord; 
Charles E. Batchelder, of Portsmouth ; Miss Amanda B. Harris, of 
Warner ; Miss Alma J. Herbert, of Concord ; Miss Catharine A. San- 
born, of Hanover ; Miss Annie Nesmith, of Franklin ; Frank D. Currier, 
of East Canaan. 

CORRESPONDING MEMBERS. 

Prof. Henry W. Haynes, Charles P. Greenough, of Boston ; Hon. 
E. H. Elwell, Portland, Me. ; Royal Woodward, Albany, N. Y. ; Rev. 
Charles D. Barrows, Lowell, Mass. ; Miss Eliza J. Cate, Northampton, 
Mass. 

HONORARY MEMBERS. 

Hon. George T. Curtis, New York ; Rear-Admiral George H. Preble, 
Boston, Mass. ; Pres't Daniel C. Gilman, Baltimore, Md. ; Charles W. 
Tuttle, Boston, Mass. ; Prof. N. B. Webster, Norfolk, Va. ; Jonathan 
Marshall, New York. 

Collections of papers pertaining to the military history of the 
state, belonging to Col. Timothy Bedel, of the Revolution, 
Moody Bedel, of the War of 1S12, and Gen. John Bedel, late of 
Bath, presented by Mrs. Mary E. Bedel, of Bath, were accepted, 
with the thanks of the society to the donor. 

On motion of Gov. Head, it was ordered that the president, 
recording secretary, and J. B. Walker, be a committee to ex- 
amine the " Bedel Papers," and make proper disposition of the 
same. 

Adjourned. 



PROCEEDINGS SPECIAL MEETING. 215 

SPECIAL MEETING. 



Portsmouth, December 29, 1880. 

A special meeting of the N. H. Historical Society, having 
been duly notified, was held at the chapel of the South Parish, 
Court street, in Portsmouth, on the evening of December 29, 
1880, the president, Hon. C. H. Bell, in the chair. 

W. H. Hackett was chosen recording secretary pro tempore. 

The president stated that the meeting had been called to cele- 
brate the two hundredth anniversary of the establishment of a 
provincial government in New Hampshire, and it had been 
deemed appropriate that the services of the occasion should be 
held in this place, where the proceedings now commemorated 
were enacted. He then presented the orator of the occasion, 
Charles W. Tuttle, Esq., of Boston. 

Mr. Tuttle's address was then delivered to a goodly audience 
in point of numbers, consisting of members of the society from 
Exeter, Concord, Dover, Littleton, and other places, while from 
Portsmouth were many members of the society, and present and 
former residents of the city. 

The address was listened to with the closest attention, and 
received many commendations from the gratified listeners. At 
its close, thanks were tendered the orator, and a copy of his able, 
interesting, and instructive address was requested for publica- 
tion by the society. 

Adjourned. 



2l6 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



ANNUAL MEETING. 



Concord, N. H., June 8, 1881. 

The fifty-ninth annual meeting of the society was held this 
day at eleven o'clock a. m., at its library room, the president in 
the chair. 

The records of the last annual and special meetings were read 
and approved. 

The recording secretary reported acceptance of membership 
by the following persons, elected in 1S80, namely, — 

RESIDENT MEMBERS. 

Miss Alma J. Herbert, of Concord ; Miss Amanda B. Harris, of War- 
ner; Miss Annie Nesmith, of Franklin. 

CORRESPONDING MEMBERS. 

E. H. Elwell, Portland, Me. ; Charles P. Greenough, Henry W. 
Haynes, Boston, Mass. ; Royal Woodward, Albany, N. Y. 



HONORARY MEMBERS. 

Pres't D. C. Gilman, of Johns Hopkins University, Baltimore, Md. ; 
Rear-Admiral George H. Preble, Brookline, Mass. ; Charles W. Tuctle, 
Boston, Mass. ; Prof. N. B. Webster, Norfolk, Va. 



The report of the treasurer, Mr. S. S. Kimball, was present- 
ed, read, and accepted. The report showed debits, $4,615.90; 
credits, $365.77; balance, June S, 18S1, $4,250.13, — being an 
increase the past year of $316.30. 

The librarian, S. C. Eastman, presented his report, which 
was accepted. By this report it appeared that the library had 
been open 54 days during the year, — Tuesday of each week, and 
two other days, — and that D. F. Secomb had acted as assistant 
librarian, and been in charge of the library when open. The 
additions had been 252 volumes and 741 pamphlets. Of these, 
230 volumes and 741 pamphlets were gifts, and the remainder 
were procured by exchange or purchase. 



PROCEEDINGS ANNUAL MEETING. 



217 



No formal reports were made from the standing and publish- 
ing committees. 

The president suggested that the late Hon. Nathaniel White, 
Hon. Micajah C. Burleigh, and Gen. James Wilson were per- 
sons worthy of memorial notices, and that it was desirable that 
persons be designated to prepare memoirs of the same. 

Further time was allowed to the special committees appoint- 
ed at the last annual meeting, upon the number and services of 
New Hampshire troops at Bunker Hill ; upon procuring copies 
of papers in England relating to early New Hampshire history ; 
upon the proper observance of the Yorktovvn centennial; and 
upon the " Bedel Papers." 

Committees were appointed to nominate officers and new 
members. 

Mr. J. B. Walker, from the committee appointed to nominate 
officers, reported a list. The report was accepted, and the 
gentlemen therein nominated were elected to the offices desig- 
nated, as follows : 

President — Charles H. Bell ; Vice-Preside?its — Natt Head, Jonathan 
E. Sargent; Corresponding Secretary — John J. Bell; Recording Secre- 
tary — Amos Hadley ; Treasurer — Samuel S. Kimball; Librarian — 
Samuel C. Eastman ; Publishing Com7nittee — William L. Foster, 
John J. Bell, Jonathan E. Sargent; Standing Committee— Joseph B. 
Walker, Sylvester Dana, Joseph C. A. Hill ; Library Committee — 
Joseph B. Walker, James DeNormandie, Samuel C. Eastman. 

The president presented the request of Daniel McGregor for 
the return to him of a " Petition of Inhabitants of the North of 
Ireland for township of land," which request was referred to 
the standing committee. 

The president called the attention of the society to the fact 
that a valuable collection of autograph letters and other inter- 
esting manuscript matter had been presented to the society by 
Hon. George S. Hale, of Boston, son of the late Hon. Salma 
Hale, of Keene, — the collection having been made by the donor's 
sister, the late Mrs. Harry Hibbard. Whereupon, on motion 
of Hon. George W. Nesmith, — 

Resolved, That the thanks of this society be tendered to Hon. George 
S. Hale, of Boston, for his gift of the valuable collection of autograph 



2l8 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



letters and other interesting matter, once the property of his sister, the 
late Mrs. Harry Hibbard. 

Mr. J. J. Bell, from the committee to nominate new mem- 
bers, reported the following named persons, who, upon the ac- 
ceptance of the report, were unanimously elected members of 
the society, as follows : 

RESIDENT MEMBERS. 

Frank W. Proctor, of Andover ; Rev. Warren R. Cochrane, of An- 
trim ; Rev. Dr. Alonzo H. Quint, Col. Aaron H. Young, of Dover; 
Mrs. Mary E. Bell, Mrs. John C. Long, of Exeter; Dr. A. R. Gleason, 
of Fitzwilliam ; Rev. J. B. Harrison, of Franklin; Miss Mary E. Kim- 
ball, Mrs. C. E. Benton, of Lebanon; Gilbert P. Whitman, of Manches- 
ter; Alexander McCauley Wilkins, of Merrimack; Hon. Dexter Rich- 
ards, of Newport; Alvin Burleigh, Charles A. Jewell, of Plymouth; 
Commodore C. W. Pickering, A. S. Wentworth, John J. Pickering, 
Robert C. Pierce, Lewis W. Brewster, A. F. Howard, Mark H. Went- 
worth, Dr. Frank Langdon, of Portsmouth ; Dr. J. J. Dearborn, of Salis- 
bury ; Mrs. Julia A. Hodgdon, of Weare. 

CORRESPONDING MEMBERS. 

Rev. E. F. Slafter, Hon. George S. Hale, of Boston, Mass.; Rev. J. 
L. Seward, Lowell, Mass. ; Abner C. Goodell, Salem, Mass. ; Dr. J. T. 
Gilman, Portland, Me.; Addison Prescott, Topeka, Kansas; William 
Dinsmore, New York city ; Major L. A. Huguet-Latour, Montreal. 



HONORARY MEMBERS. 

Mrs. Frances McNiel Potter, Brooklyn, N. Y.; Miss Emma Elizabeth 
Gibson, Medford, Mass. ; Hon. William McCauley, Salem, Roanoke 
Co., Virginia; William C. Prime, New York ; Hon. Robert C. Winthrop, 
Boston, Mass. 

On a motion of Mr. Spalding, of Nashua, amended by one 
made by Judge Nesmith, Messrs. S. T. Worcester and W. L. 
Foster, were appointed to prepare a memorial notice of the late 
Mrs. Hibbard. 

On motion of Mr. J. B. Walker, an assessment of three dol- 
lars was laid upon each resident member for the current year. 

Mr. J. B. Walker read a memoir of the late Richard Bradley, 



PROCEEDINGS ANNUAL MEETING. 219 

of Concord;* and Rev. James DeNormandie, a memoir of the 
late William H. Y. Hackett, of Portsmouth.! 

On motion of Ex-Gov. Head, the thanks of the society were 
tendered Messrs. Walker and DeNormandie for the interesting 
and valuable memoirs read by them, and copies of the same 
were requested for deposit in the archives of the society. 

The society then adjourned to meet again at 7 : 30 p. m., in 
Rumford hall. 



EVENING SESSION. 

The society met in Rumford Hall, according to adjournment, 
the president in the chair. 

Judge Sargent, from the committee to nominate new mem- 
bers, made a supplementary report, nominating William F. 
Warner, Esq., of Waverly, N. Y., as a corresponding member. 
The report was accepted, and William F. Warner was elected. 

William C. Prime, Esq., of New York, the orator of the 
occasion, was then introduced, who delivered an address on 
" The Historical Relations of Art." 

On motion, the thanks of the society were tendered the elo- 
quent speaker for his interesting and instructive address. 

Adjourned. 



ANNUAL MEETING. 



Concord, N. H., June 14, 1882. 

The sixtieth annual meeting of the society was held this day, 
at eleven o'clock a. m., at its library room, the president in the 
chair. 

The record of the last annual meeting was read and approved. 

The recording secretary reported the names of persons who 
had accepted membership the past year as follows : 

* This sketch was subsequently printed in the Granite Monthly, vol. 4, p. 395, 
t Printed in Granite Monthly, vol. 5, p. 58. 



220 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



HONORARY MEMBERS. 



Hon. William McCauley, Salem, Roanoke Co., Va. ; E. Elizabeth 
Gibson, Medford, Mass. ; Mrs. Frances McNiel Potter, Brooklyn, N. 
Y. ; Hon. Robert C. Winthrop, Boston, Mass. 



CORRESPONDING MEMBERS. 

Rev. J. L. Seward, Lowell, Mass.; Addison Prescott, Topeka, Kan- 
sas; Dr. J. T. Gilman, Portland, Me.; Abner Cheney Goodell, Salem, 
Mass. ; W. T. Warner, Waverly, N. Y. ; Major L. A. Huguet-Latour, 
Montreal. 

RESIDENT MEMBERS. 

Mrs. Mary E. Bell, Mrs. John C. Long, of Exeter; Mary E. Kimball, 
of Lebanon; Mrs. Julia A. Hodgdon, of So. Weare ; Gilbert T. Whit- 
man, of Manchester; M. H. Wentworth, Dr. Francis E. Langdon, 
Commodore C. W. Pickering, of Portsmouth; Hon. Dexter Richards, 
of Newport; -Rev. W. R. Cochrane, of Antrim ; Frank W. Proctor, of 
Andover; Dr. J. J. Dearborn, of Salisbury. 

Mr. Samuel S. Kimball, treasurer, presented his report, 
which was read and accepted. The report showed debits, 
$4,SSS.8o ; credits, $202.70; balance, $4,6S6.io; increase dur- 
ing the year, $435.97. 

Mr. Samuel C. Eastman, librarian, presented his report, 
which was read and accepted. The report stated that the addi- 
tions to the library had been 360 volumes and 1007 pamphlets. 
Of these, 323 volumes and 904 pamphlets were gifts, and the 
remainder were purchased at a total cost of $11.50 in money, 
and some exchanges. 

Mr. J. B. Walker, of the standing committee, made a verbal 
report, which was accepted. 

Judge S. T. Worcester, from the special committee on the 
number and services of New Hampshire troops at Bunker Hill, 
presented an elaborate report, which was read and accepted, 
and, on motion of Mr. J. M. Shirley, a copy of the same was 
requested for publication. 

Committees were appointed to nominate officers and new 
members. 

In the absence of Mr. W. L. Foster, of the committee ap- 
pointed to prepare a memorial of the late Mrs. Harry Hibbard, 



PROCEEDINGS ANNUAL MEETING. 221 

Mr. S. C. Eastman read a memoir of Sarah King Hale Hib- 
bard, prepared by Judge Foster.* 

The president read a paper descriptive of the Hibbard collec- 
tion of manuscripts, made by the late Mrs. Hibbard, and pre- 
sented to the society by her brother, Hon. Geo. S. Hale, of 
Boston, and closed by offering the following resolution : — 

Resolved, That the thanks of the New Hampshire Historical Society 
be presented to the Hon. Geo. S. Hale for the extensive and valuable 
collection of manuscripts, formed by his sister, Mrs. Sarah K. Hibbard, 
and' now by him presented to the society, and that the same be always 
kept together, as now arranged, and be known as "The Hibbard Man- 
uscripts ; " and be subject to the same regulations as to accessibility 
as were adopted in regard to " The Webster Papers." 

The foregoing resolution was adopted, and, on motion of Mr. 
J. B. Walker, the memoir of Mrs. Hibbard and the paper 
descriptive of the " Hibbard Manuscripts/' or copies of the 
same, were ordered on file in the archives of the society. 

The society then adjourned till i 145 p. m. 



AFTERNOON SESSION. 

The society met according to adjournment, — the president in 
the chair. 

A report by D. F. Secomb, concerning sundry newspapers 
and articles of historic interest, received during the year, was 
read and accepted. Among these articles were the tassels 
attached to the flag which draped the box in which President 
Lincoln sat when he was assassinated by Booth, — presented by 
Hon. E. Ashton Rollins ; a drum, carried by Nathan W. Gove, 
Jr., of Concord, in the 3d Regiment, N. H. Vols., through the 
Civil War, from 1S61 to 1S65, he being but 13 years old when 
he enlisted — presented by his mother. 

The president, in behalf of Mrs. Peter Harvey, of Boston, 
presented to the society the beautiful silver pitcher and salver, 
given by Daniel Webster to Peter Harvey, and spoke as fol- 
lows : 

•Since printed in a pamphlet. 



222 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



" On the 23d day of October, 1852, Daniel Webster, just as 
he was about bidding adieu to the scenes of earth, being desir- 
ous of leaving some substantial token of his affection to one of 
the most devoted of his friends, gave this direction to his son 
Fletcher : 

" i My son, take a piece of silver, let it be handsome, put a 
suitable inscription on it, and give it, with my love, to Peter 
Harvey.' 

" It was a kind and graceful and proper act of the departing 
statesman to do. Mr. Harvey had been for a long series of 
years his near, constant, and disinterested helper, adviser, and 
friend. Relations of intimacy were established between them 
when Mr. Harvey was but a young man, while Mr. Webster 
had reached middle age, and was maintained, notwithstanding 
the disparity of their years and the different paths in life they 
trod, up to the last hour of their joint lives. Nor after the 
grave had separated them did Mr. Harvey's affection for his 
deceased friend ever fail, or ever languish. He cherished his 
memory with jealous care so long as he survived, and dying he 
left a legacy to posterity of his reminiscences of Webster, which 
constitute a portraiture that will be interesting through all time, 
and is in some respects without a parallel. 

M Mr. Webster's last wishes were religiously observed by his 
son. A beautiful and massive salver and pitcher of silverware 
were chosen as a suitable memorial, and upon the former were 
inscribed (by Mr. Harvey's desire) the very words of Daniel 
Webster's dying injunction : words worthy of the tender friend- 
ship which so long subsisted between the donor and the recip- 
ient — worthy of the illustrious man who was then passing down 
to the tomb, ' calmly as to a night's repose.' 

" These elegant and costly pieces of silver are before us to- 
day. They were dearly prized, and shown with a pardonable 
pride by their possessor during his life-time, and, at his decease, 
were wisely left at the absolute disposal of his wife. To Mrs. 
Harvey these joint memorials of Daniel Webster and her hus- 
band are equally precious, and she has anxiously deliberated 
where they could be deposited in the full assurance that they 
would be best appreciated and most carefully preserved. It is 
a gratifying circumstance that she deems the historical society 



PROCEEDINGS ANNUAL MEETING. 



223 



of Mr. Webster's native state their fittest custodian, and accord- 
ingly has presented them to us. 

" A splendid gift indeed ! The intrinsic value of the material 
is far surpassed by the beauty of the workmanship ; but both 
these are as nothing in comparison with the interest which at- 
taches to the articles by reason of their history and associations. 
Memorials of Webster, gauges of the loving friendship he 
bore to Peter Harvey, they will always remain among the most 
cherished possessions of our society. 

"Mrs. Harvey has, at my request, caused a presentation in- 
scription from herself to the society to be engraved upon the 
silver, and accompanies her gift with this appropriate commu- 
nication : 

" ' Boston, April 24, 1882. 
" ' Hon. Charles H. Bell : 

" '■Dear Sir: — After due consideration I have deemed it desirable and 
peculiarly fitting to present to the Historical Society of New Hamp- 
shire, and through you, its president, the valuable pitcher and salver 
given by Daniel Webster as a last token of appreciative regard to my 
late husband, Peter Harvey, for years of devoted service and loyalty of 
affection unequalled ; and I am confident that nowhere could this pre- 
cious memorial of the truest of friendships be more highly prized or 
more deeply valued than by the historical society of Mr. Webster's 
native state. 

" 'Actuated by these motives, I now commend this valued and valu- 
able silver, rich in the associations of the past, to your society for safe- 
keeping and perpetual guardianship through all time. With great 
respect, believe me to be 

" 'Most cordially yours, 

U ' Elizabeth F. Harvey. t 

" I propose to the society the adoption of the following res- 
olution : 

"Resolved, That the New Hampshire Historical Society accept from 
Mrs. Peter Harvey, with grateful acknowledgments, and will ever sa- 
credly preserve, the beautiful pieces of silver which were the dying tes- 
timonial of the love of Daniel Webster to her husband." 

The foregoing resolution, offered by the president, was 
adopted. 

The president, with commendatory remarks, acknowledged, 



224 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



in behalf of the society, the receipt of the second volume of the 
History of Sanbornton, prepared by Rev. M. T. Runnels. 

The president read a poem, entitled " Our Mountain Land," 
written by George E. Emery, now a resident of Lynn, Mass. 

A memoir of Hon. Harvey Jewell, of Boston, prepared by 
W. H. Hackett, Esq., of Portsmouth, was read by Mr. S. C. 
Eastman ; and, on motion of Mr. J. J. Bell, thanks were ten- 
dered to Mr. Hackett, and a copy of the memoir was requested 
for deposit in the archives of the society.* 

On motion of Mr. J. J. Bell, a committee on the subject of 
town histories, suggested in a paper presented to the society 
earlier at its present session, was appointed by the chair, con- 
sisting of Messrs. J. J. Bell, S. T. Worcester, and J. J. Dear- 
born. 

Mr. J. B. Walker offered the following resolution, which 
was adopted : 

Resolved, That the president be hereby requested to appoint afield- 
day of this society, to be held at such time and place as he may see fit. 



On motion of Mr. S. C. Eastman, the publishing committee 
was requested to publish the transactions of the society to the 
present time, and also to consider the propriety of publishing 
another volume of collections. 

Mr. John Kimball gave information that the late Mrs. Na- 
thaniel G. Upham had left a portrait of her father, Rev. Dr. 
Burnham, of Pembroke, to the society, and had also provided 
by will that a portrait of her husband, Judge Upham, be pro- 
cured for the society. Whereupon, on motion of Mr. John C. 
Thorn, it was voted that the society accept with pleasure the 
bequest of the late Mrs. Nathaniel G. Upham, of Concord, of 
portraits of her father, the late Rev. Abraham Burnham, of 
Pembroke, and of her husband, the late Hon. Nathaniel G. 
Upham, and that they be placed in the library of the society. 

Mr. J. B. Walker, from the committee appointed to nomi- 
nate officers, made a report, which was accepted, and the gen- 
tlemen therein nominated were elected to the offices designated, 
as follows : 

•Printed in the Granite Monthly, vol. 6, page 101. 



PROCEEDINGS ANNUAL MEETING. 



225 



President— Charles H. Bell; Vice-Presidents — Jonathan E. Sargent, 
John M. Shirley; Corresponding Secretary — John J. Bell; Recording 
Secretary, Amos Hadley ; Treasurer — Samuel S. Kimball; Librarian — 
Samuel C. Eastman; Publishing Committee — William L. Foster, John 
J. Bell, Moses T. Runnels; Standing Committee — Joseph B. Walker, 
Sylvester Dana, Joseph C. A. Hill; Library Committee — Amos Had- 
ley, Parsons B. Cogswell, Samuel C. Eastman. 

Mr. Woodbridge Odlin was chosen auditor. 

It was voted that the annual assessment upon resident mem- 
bers of the society be three dollars each, until otherwise 
ordered. 

Judge Sargent, from the committee appointed to nominate 
new members, reported the following named persons, who, 
upon the acceptance of the report, were unanimously elected 
members of the society : 

RESIDENT MEMBERS. 

Arthur L. Meserve, of Bartlett; Walter Gibson, William P. Fiske, 
Mrs. Abba Goold Woolson, Mrs. John C. Thorn, of Concord ; A. R. 
Brown, of East Kingston ; Moody Currier, Dr. John Edwin Mason, of 
Manchester; Mrs. Emma Manning Huntley, of Milford; Orrin C. 
Moore, of Nashua; Wallace Hackett, of Portsmouth; Rev. J. H. Fitz, 
of So. Newmarket ; Leonard A. Morrison, of Windham. 

CORRESPONDING MEMBERS. 

George E. Emery, Lynn, Mass. ; Dr. Edmund T. Eastman, John L. 
Emmons, Boston, Mass. ; Rev. Miss Ellen Gibson, Barre, Mass.; R.ev. 
Edward G. Porter, Lexington, Mass. ; William R. Cutter, Woburn, 
Mass. ; Hon. John H. Prescott, Salina, Kansas ; Hon. Samuel Mer- 
rill, Des Moines, Iowa. 

The society then adjourned, to meet again at 7 '.45 p. m., at 
Rumford hall. 



EVENING SESSION. 

The society met according to adjournment — the president in 
the chair. 

Prof. Henry W. Haynes, of Boston, the orator for the year, 
delivered an address on " The Fossil Man." 



226 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



On motion of Mr. J. B. Walker, the thanks of the society 
were tendered the orator for his interesting and instructive ad- 
dress, and a copy of the same was requested for deposit in the 
archives of the society. 

Adjourned. 



FIELD DAT. 



Tuesday, October io, 1S82. 

In accordance with the resolution adopted at the last annual 
meeting, the president selected Dover as the place, and Tues- 
day, October 10, 1882, as the time, for the holding of the first 
field-day of the society. 

Upon due notification, a goodly number of members from 
various parts of the state assembled at the American House, in 
Dover, at 11 o'clock a. m., in accordance with arrangements 
made by a committee of reception of the citizens of that place, 
headed by the mayor, Hon. C. M. Murphy. 

Thence the party took carriages for Dover Neck and Point, 
visiting at the latter locality the site of the settlement in 1623, 
and at the former that of the first church edifice erected in New 
Hampshire. 

Upon return to the American House a sumptuous dinner 
was served, at the close of which Gov. Bell, president of the 
society, with appropriate remarks, offered a resolution of thanks 
to the members of the society resident in Dover, and other cit- 
izens of the city, for their generous hospitality, which was unan- 
imously adopted. 

During the afternoon other sites of historic interest were vis- 
ited, such as the cemetery in which were deposited the remains 
of Maj. Waldron, slain in the Indian attack of 16S9; the sites 
of Waldron's and Hurd's garrisons, famous in the story of that 
memorable event ; the localitv of Waldron's saw- and grist-mills 
at the falls of Cochecho ; and in another part of the city a well 
preserved dwelling-house, nearly two hundred years old, and 
still occupied. The pleasant afternoon ramble also included 
Garrison hill, w r ith its fine and extensive prospect. 






PROCEEDINGS ANNUAL MEETING. 22^ 

All who participated in the enjoyments of this field-day felt 
that it was the auspicious inception of a practice destined to 
promote, in a pleasant and profitable manner, the interests of 
the society. 



ANNUAL MEETING. 



Concord, N. H., June 13, 1883. 

The sixty-first annual meeting of the society was held this 
day, at its library-room, at 11 o'clock a. m., the president in 
the chair. - 

The records of the last annual meeting and field-day were 
read and approved. 

The corresponding secretary, Mr. J. J. Bell, presented his 
report, which was accepted. The report announced the accept- 
ance for this society of its election to a membership of the Clar- 
endon Historical Society, Edinburgh, Scotland. The secre- 
tary also submitted a circular from the N. E. Genealogical So- 
ciety, relating to the "Col. Chester Papers," and the proposed 
continuance of Col. Chester's labors under the superintendence 
of that society. 

The recording secretary reported that the following persons 
had accepted membership during the past year : 

RESIDENT MEMBERS. 

Dr. John Edwin Mason, Manchester; Wallace Hackett, Portsmouth ; 
Andrew H. Young, Dover; Hon. Moody Currier, Manchester; Rev. 
James H. Fitts, So. Newmarket ; Leonard A. Morrison, Windham. 

CORRESPONDING MEMBERS. 

William R. Cutter, Woburn, Mass. ; Dr. Edmund T. Eastman, Bos- 
ton, Mass. ; George E. Emery, Lynn, Mass. ; Hon. Samuel Merrill, 
Des Moines, Iowa; Rev. Edward G. Porter, Lexington, Mass.; Hon. 
John H. Prescott, Salina, Kansas; Ella E. Gibson, Barre, Mass. 
vol. ix. 17 



328 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



The report of the treasurer, Mr. S. S. Kimball, was pre- 
sented and accepted. The report showed debits, $7^57.95; 
credits, $302.82; balance, $6,855.13; increase the past year, 
$2,169.03. 

The treasurer being absent, Mr. J. C. A. Hill was appointed 
to serve in his stead during the meeting. 

The report of the librarian, Mr. Samuel C. Eastman, was 
presented and accepted. The report stated that the library had 
t>een open 51 half days during the past year, on Tuesdays, and 
at other times as required by visitors ; 640 bound volumes and 
€40 pamphlets had been added during the year, of which 331 
volumes were purchased, 20 pamphlets were received in ex- 
change for duplicates, and 365 volumes and 600 pamphlets 
were gifts to the society. 

Committees were appointed to nominate officers and new 
members. 

Rev. W. R. Cochrane, of Antrim, was appointed in place of 
Judge S. T. Worcester, deceased, on the committee in relation 
to town histories, appointed in 1SS2. 

Mr. J. B. Walker, from the standing committee, made a ver- 
bal report, accompanied by a recommendation of the following 
votes, which were severally read and adopted : 

Voted, That the volumes of Town Papers, now being published by 
the state, of each of which this society receives fifty copies, be sold only 
with the Provincial Papers, and as parts of entire sets, at the price here- 
tofore established by the society. 

Voted, That the thanks of the society be presented to Hon. Ai B. 
Thompson for aid in obtaining the annual town and school reports in 
this state the past three years for the use of the society. 

Voted, That a field-day be held by the members of the society the 
present year, at such time and place as the president may designate. 

Hon. Moody Currier, from the committee to nominate offi- 
cers, made a report, which was accepted, and the gentlemen 
therein nominated were elected to the offices designated, as fol- 
low : 

President — Charles H. Bell; Vice-Presidents — Jonathan E. Sargent, 
John M. Shirley; Corresponding Secretary — John J. Bell; Recording 
Secretary — Amos Hadley ; Treasurer — Samuel S. Kimball; Librarian — 



PROCEEDINGS — ANNUAL MEETING. 



229 



Samuel C. Eastman; Publishing Committee — William L. Foster, John 
J. Bell, Moses T. Runnels; Standing Committee — Joseph B. Walker, 
Sylvester Dana, Joseph C. A. Hill ; Library Committee — Amos Had- 
ley, Parsons B. Cogswell, Samuel C. Eastman. 

The president laid before the society a communication from 
Gen. Eaton, of the National Bureau of Education, respecting a 
Centennial Record of the United States; and a committee to 
consider the subject, and to listen to the representations of Hon. 
F. B. Hough thereon, was appointed, consisting of Messrs. 
J. E. Sargent, John Kimball, and Sylvester Dana. 

On motion of Mr. J. J. Bell, a committee to examine certain 
papers, now in the possession of Mrs. Gerrish, of Kittery, Me., 
relating to the early history of the state, was appointed, con- 
sisting of Messrs. A. H. Quint of Dover, W. H. Hackett of 
Portsmouth, and John T. Perry of Exeter. 

A letter to Mr. S. C. Eastman, written by Henry Stevens of 
Vermont, from London, was read, relating to historical papers 
pertaining to the early history of New England, including New 
Hampshire, now to be found in English libraries and other 
repositories. Mr. Stevens suggested a method of collecting and 
compiling this historical material, as had recently been done by 
the New Jersey Historical Society, by legislative aid. 

Accordingly a committee to bring this subject before the 
legislature, and to procure, if possible, a requisite appropria- 
tion, was appointed, consisting of Messrs. J. M. Shirley, S. C. 
Eastman, A. H. Quint, and J. J. Bell. 

Mr. George E. Jenks, in behalf of the New Hampshire Press 
Association, presented, with appropriate remarks, portraits of 
Hon. Chandler E. Potter, and Col. Elbridge G. Eastman, of 
Nashville, Tenn., the former being the gift of Mrs. Frances 
McNiel Potter, by whom it was painted. After remarks by the 
president, and Messrs. S. C. Eastman and C. E. Staniels, the 
portraits were accepted, with a tender of thanks to the New 
Hampshire Press Association. 

Mr. J. B. Walker, from the committee appointed to nomi- 
nate new members, reported the following-named persons, who, 
upon the acceptance of the report, were unanimously elected, 
by ballot, members of the society : 



23° 



NEW HAMPSHIRE HISTORICAL SOCIETY. 
RESIDENT MEMBERS. 



George S. Frost, Paul A. Stackpole, Dover: William C. Todd, Green- 
leaf Clarke, Atkinson ; Prof. John H. Wright, Prof. Arthur S. Hardy, 
Hanover ; John T. Perry, Exeter; Luther S. Morrill, George E. Jenks, 
Willis P. Haynes, Concord. 

CORRESPONDING MEMBERS. 

Daniel Rollins, Boston, Mass. ; Mrs. Jacob G. Cilley, Cambridge, 
Mass. 

HONORARY MEMBERS. 

Hon. Franklin B. Hough, New York. 

Adjourned, to meet in Representatives' hall this evening, at 
7 :30 o'clock, to listen to the annual address by Mr. John M. 
Shirley. 



EVENING SESSION. 

The society met according to adjournment, in Representa- 
tives' hall — the president in the chair. 
The following resolution was adopted : 

Resolved, That a committee of three be appointed by the clxair, to 
take into consideration the propriety of making the history of the 
Scotch-Irish people, whose descendants have taken so conspicuous and 
important a part in the affairs of New Hampshire, a special branch of 
investigation by the society, with a view of interesting those of that 
lineage as members of the society, and of procuring publications relat- 
ing to that subject for our library. 

Messrs. W. R. Cochrane of Antrim, Leonard S. Morrison 
of Windham, and John N. McClintock of Concord, were ap- 
pointed the committee under the foregoing resolution. 

Mr. J. B. Walker, from the committee to nominate new 
members, presented an additional report, nominating the fol- 
lowing named persons, who, upon the acceptance of the report, 
were unanimously elected, by ballot, members of the society: 



PROCEEDINGS — ANNUAL MEETING. 



23I 



RESIDENT MEMBERS. 



Dr. John Goodell, Hillsborough ; George S. Pettee, Francestown ; 
Hon. A. H. Dunlap, Nashua; Miss Annie Woodbury, Antrim ; John 
M. Hill, Concord. 

CORRESPONDING MEMBERS. 

Hon. William W. Tucker, Francis Boyd, Esq., Boston, Mass. ; Rev. 
Thomas Witherow, D. D., Londonderry, Ireland. 

J. M. Shirley, Esq., then delivered an address on " The 
Early Jurisprudence of New Hampshire." 

The thanks of the society were tendered the speaker, and a 
copy of his valuable address was requested for deposit in the 
archives of the society. 

Mr. J. M. Shirley, having been excused from serving upon 
the committee to seek legislative aid in procuring historical 
material in England, Hon. Henry Robinson, of Concord, was 
appointed in his stead. 

Adjourned. 



THE ANNUAL ADDRESS, 



JUNE 13, 1883. 



BY JOHN M. SHIRLEY, ESQ. 



THE EARLY JURISPRUDENCE OF NEW HAMP- 
SHIRE. 



History is photography applied to human affairs. Imperfec- 
tion in material, or lack of care and skill in the artist, may mar 
or spoil the work. Human bones wired together — the grinning 
skeleton in some surgical museum — are not the divine creation ; 
but when clothed with flesh and blood, nerve and muscle, and 
endowed with the spirit which gives action, color, and tone, 
we recognize the creative individuality, the living man. The 
cold words of the statutes alone no more constitute the law of 
the land, than the articulated skeleton the living soul. They 
must be clothed with the interpretation given by the courts, to 
which must be added the law of custom, which constitutes 
four fifths of all the law we have, and which, like the air we 
breathe, animates and protects us in our homes, in our social 
gatherings, in our business relations, and in our private life. 
The spirit which pervades this great body of statutory and 
customary law, and in which it is administered, is as natural 
and vitalizing in jurisprudence as in the human animal. 

Motion is the law of life ; inertia, of decay and death. 

There are zest, health, and pleasure in the cooling draughts 
from the mountain spring, but poison and fever in the stagnant 
waters of that " river of death," the shaded Yazoo. 



ANNUAL ADDRESS. 



233 



Between life and death there is an eternal struggle for the 
mastery. This is the result of a universal law. It pervades 
alike jurisprudence, the human form, and that infinity of star- 
lit worlds, in comparison with which our own solar system is 
but a grain of sand upon the shore of the great ocean of infinite 
space. 

There are many peculiarities in the jurisprudence of this 
state. These in general are the result of her early history* 
These differences would have been more marked had those who 
for a century made and administered our laws known more of 
that history. Much that is now known was a sealed book to 
them. 

The chief-justices who gave color and form to so much of 
our legislation as well as our folk-lore law and law of custom, 
Richardson and Parker, except in name were Massachu- 
setts men, and Judge Perley was so in fact. Even Chief- 
Justice Smith, with all his diligence, — and it bordered close 
upon the marvellous, — was, as he tells us, unable to find the 
code of laws under which New Hampshire began her provin- 
cial life. 

Under the lead of these men, and others, the process of assim- 
ilation w T ith the jurisprudence of the mother country and of 
our sister New England states has gone on from generation to 
generation, until it is often difficult and sometimes impossible 
to identify the primitive formation. The fathers who laid the 
foundations of our institutions, making due allowance for their 
environments, in the main acted wisely ; but the record they 
have left is often fragmentary, imperfect, and obscure. 

There is another difficulty. No matter how accurate the 
portraiture, nor how much the light may predominate over 
the shade, it is almost impossible for the descendants of the 
Puritans to regard an accurate photograph as anything but a 
caricature of their ancestors. For illustration : Every child in 
the land, with glowing eye, looks forward to Christmas and 
Christmas eve, and every mother's heart grows warm at the 
thought. But two hundred and twenty-four years ago the law 
of New Hampshire, as well as of Massachusetts, was as fol- 
lows : — 

"For pventing disorders arising in seuerall places wthin 



3 34 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



this jurisdiccon, by reason of some still observing such Aesti- 
valis as were superstitiously kept in other countrys, to the great 
dishonnor of God & offence of others, it is therefore ordered by 
this Court and the authority thereof, that whosoever shall be 
found observing any such day as Christmas or the like, either 
by forbearing of labour, feasting, or any other way, upon any 
such accounts as aforesaijd, every person so offending shall pay 
for euery such offence five shillings, as a fine to the county." 
4 Records of Mass. (Parti) 366. 

In 1660 the same body said, — 

"This Court, considering how farre Sathan doth prevajle 
vpon seuerall persons wihin this jurisdiction to make away 
themselves, judgeth that God calls them to beare testimony 
against such wicked and vnnaturall practises, that others may be 
deterred therefrom, doe therefore order, that from henceforth if 
any person, inhabitant or strainger, shall at any time be found 
by any jury to lay violent hands on themselves, or be wilfully 
guilty of theire oune deaths, euery such person shall be denjed 
the priviledge of being burjed in the comon burying place of 
Christians, but shall be buried in some comon highway where 
the selectmen of the toune where such person did inhabit shall 
appoint, & a cart loade of stones layd vpon the graue, as a 
brand of infamy, and as a warning to others to be ware of the 
like damnable practises." 4 Records of Mass. (Part I) 432. 

And yet history repeats itself. In 1824 Amos Fernald lived 
in what is sLill known as the Ladd district in what is now Bel- 
mont. He was a married man, and starved his illegitimate 
child to death in his own house. For this he was indicted, 
and imprisoned in the state prison.* After his release, he 
starved to death too. Some said he committed suicide by 
starvation ; others said that by a special providence the Al- 
mighty had affected his throat with a peculiar disease by reason 
of which he was unable to take food, and so died. His body 
was buried in the Gulf neighborhood in what is now Tilton, 
about a mile from the village, but between the fence and the 

•Amos Fernald and his wife Abigail were indicted for murder at the September term, 1924. 
At the February term, 182;, the verdict was, guilty of manslaughter. At the September 
term, 1825, Fernald was sentenced to 30 days' solitary confinement in the state prison, hard 
labor therein for five years, and to pay costs of prosecution taxed at £255. He was defended 
by Jeremiah Mason. 2 Trials in New Hampshire. 



ANNUAL ADDRESS. 



235 



travelled part of the road in what, in the mother country, would 
have been known as the king's highway. 

On February 1, 16S2, at Portsmouth, Edward Gove was in- 
dicted for high treason against the king's authority in New 
Hampshire. He was a fanatical, half drunken, and more than 
half crazy zealot. On February 2, 1682, he was arraigned, and 
the trial began. He was found guilty, and this was the sentence 
pronounced by our own Waldron : 

That "he should be carried back to the place from whence 
he came and from thence be drawn to the place of execution, and 
be there hanged by the neck and cut down alive, and that his 
entrails be taken out and burnt before his face, and his head 
cut off, and his body divided into four quarters, and his head 
and quarters disposed of at the king's pleasure." 2 N. H. 
Hist. Col. 44. 

From the earliest hours of the province every person was lia- 
ble to arrest and to be imprisoned for debt. This looks like 
barbarism to us ; and yet it was quite common here long after 
the commencement of the present century. 

The mandate of the earliest processes was to ' ; attach " or " to 
arrest" the body of the defendant, "and him safely keep." 
By the customary law, from the settlement of the province until 
years after the adoption of our present constitution, this man- 
date was construed by the high and the low, the learned and 
the unlearned, to authorize the sheriff to keep the dead body of 
the defendant above ground until the debt for which the suit 
was brought was paid. 

On December 10, 16S3, Cranfield issued his " order for the 
administration of the sacraments according to the mode of the 
Church of England." 

Joseph Rayn, attorney-general for the king, filed two infor- 
mations against Joshua Moodey for violation of the order, the 
last bearing date February 6, i6S3-'4- On the latter date, 
Walter Barefoot, Henry Green, Peter Coffin, and Henry Roby 
sentenced Moodey to be imprisoned without bail or mainprize, 
and forthwith committed him to prison at Great Island. Mr. 
Moodey, in his church records, among other comments upon 
his judges, said, — " Robie was excommunicated out of Hampton 
church, for a common drunkard, and died excommunicate and 



236 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



was by his friends thrown into a hole near his house _for fear 
of an arrest of his carcase." Farmer's Belknap 478* 

All understood that a judge was as likely to have his "car- 
case " kept above ground after his decease as any one else. 

Judge Chandler was the great man of eastern Vermont. He 
was confined for debt in jail at Westminster, opposite Walpole, 
N. H., in 1785. The legislature of Vermont, on June 16, 1785, 
passed an act discharging him from imprisonment on certain 
conditions. Before he could bring himself within the act, he 
died, June 20, 1785, four days after its passage. Mr. Hall, in 
his history of eastern Vermont, pages 583, 584, gives us this 
recital : 

" For several days the corpse remained in the cell of the jail. 
* * At length, when the body had become so offensive as 
to endanger the health of the prisoners confined in the jail, Na- 
than Fisk, the jailer, suggested an expedient which was quickly 
put in practice. On measuring the jail liberties, he found that 
by stretching the chain he could include within them a small 
section of the adjoining burying-ground. A grave was then 
commenced just outside the grave-yard fence and just within the 
jaily-ard limits. As the excavation advanced, it was directed 
obliquely under the fence until a sufficient depth and obliquity 
had been obtained. These preparations having been completed, 
the jailer in company with a few individuals entered in the 
silence of midnight the cell where the putrescent mass was 
lying, placed it in a rough box-like coffin, drew it on the ground 
to the spot selected for interment, and consigned to its last rest- 
ing-place all that remained of the once noted Chandler. 

" Thus was he buried within the jail limits, and yet by a very 
pardonable evasion of law, beneath the consecrated soil of 
4 the old Westminster church-yard.' " 

Illustrations might be multiplied almost indefinitely. Let 
these suffice for the present. 

The jurisprudence of New Hampshire follows her history, 
and must therefore be divided into periods. 

The first covers the time from the first " scattered begin- 
nings," to use the phraseology of Governor Bradford, to the 
union with Massachusetts. 

"The Shoals" — "Smith's Isles" — were discovered first. 



\ 



ANNUAL ADDRESS. 237 

For obvious reasons they should have been the first inhabited 
by white men, but the date of the first settlement there seems 
to have been entirely unknown. 

Portsmouth and Dover are commonly said to have been set- 
tled about 1623, although tradition assigns an earlier date for 
the advent of a few of those hardy, daring, and adventurous 
spirits who flock to an exposed outpost on the frontiers in obe- 
dience, as it were, to an irresistible law. The " bound house" 
in Hampton was erected in 1636, but that town and Exeter 
were settled in 1638. 

"As the twig is bent the tree's inclined," is but the poetic 
expression of a general law. It applies to individuals and to 
the community of which they are a part, and of whose will 
they are the exponents. The man is but the child, with his 
powers developed and his character modified by association, 
training, and the hard discipline of life. This is equally true 
of New Hampshire as it has grown and developed step by step 
from these baby colonies. 

Leadership is a born attribute in man. It dominates and 
moulds the course and conduct of others. In this respect polit- 
ical communities are but the reflex — the alter ego — of the men 
who make them what they are. In this sense a single man 
may constitute a town, a municipality, or a state. Here, as 
elsewhere, the strong dominate the weak, and often, if aggres- 
sive and unscrupulous, compel them to adopt a course alike 
contrary to their true interests and their better instincts. In 
this way even New Hampshire has sometimes "been brought 
to shame," and her sons and daughters in consequence have 
clad themselves in sack-cloth and ashes. 

New Hampshire by her early history is broadly distinguished 
from her sister colonies. Others at some time or times had 
royal charters, but New Hampshire never had. In spirit even 
the colony of Plymouth and that of Massachusetts Bay, similar 
in so many respects, were as unlike as the waters of the Mis- 
sissippi and the Missouri. 

The founders of Plymouth were a sturdy people. They came, 
as a rule, from the industrious communities, and were neither 
rich, cultivated, nor numerous. Though by no means perfect, 
they were in general sincere. While in theory they were harsh 



2 3 S 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



and intolerant, in practice they were far more lenient and tol- 
erant than their younger, more thrifty, more courtly, and 
unscrupulous neighbors of the "Bay colony." The former 
were men who had suffered, — fanatical, it may be, — with 
marked virtues, strong passions, and human infirmities, but 
devoutly intent on founding the kingdom of God in the New 
World. The latter were a troop of grasping, crafty politcians, 
tolerant in speech but harsh and intolerant in act, intent on 
founding a pure democracy bottomed on a cast-iron religious 
aristocracy. The early settlers in New Hampshire had little in 
common with either. 

From the pulpit, the bench, the bar, and the rostrum it has 
been said, and reechoed in a great variety of forms, and with 
more or less of misty qualification, that all these brought with 
them the laws and institutions of the mother country. As re- 
spects New Hampshire, this was utterly false, and we shall see 
in the hereafter how far it was from the truth as respects the 
others. 

The fathers did not come here to take to their hearts what 
they loathed, or to reenact what they hated. They did not, it 
is true, attempt to shake off their nominal allegiance to the Brit- 
ish crown. Such an act could only have emanated from the 
bedlamites of some madhouse. Nor did they, when weighing 
the arguments for or against a proposed measure, ignore the 
lessons of British history and folk-lore law. In a word, they 
utilized their experience as a man whose house had been de- 
stroyed would when he came to build a new one. Beyond this 
they recognized but two sources of authority, — the Bible, and 
their own will as expounded by the freemen or their represen- 
tatives, the general court. 

The Plymouth colonists put their position beyond all doubt. 
Before they left the Mayflower they drew up and signed the 
following compact : 

"In ye name of God, Amen. We whose names are under- 
writer the loyall subjects of our dread soveraigne Lord, King 
James, by ye grace of God, of Great Britaine, Franc, & Ireland 
king, defender of ye faith, &c, haveing undertaken, for ye 
glorie of God, and advancement of ye Christian faith, and hon- 
our of our king & countrie, a voyage to plant ye first colonie in 



ANNUAL ADDRESS. 



239 



ye Northerne parts of Virginia, doe by these presents solemnly 
& mutualy in ye presence of God, and one of another, covenant 
& combine our selves togeather into a civill body politick, for 
our better ordering & preservation & furtherance of ye ends 
aforesaid ; and by vertue hearof to enacte, constitute, and frame 
such just & equall lawes, ordinances, acts, constitutions, & 
offices, from time to time, as shall be thought most meete & 
convenient for ye generall good of ye Colonie, unto which we 
promise all due submission and obedience." Bradford's His- 
tory 89, 90. 

This was distinctly foreshadowed by Pastor Robinson in his 
lengthy letter to " the whole " before they left for these shores. 
Bradford's History 67 ; II John of Barneveld 295. Both are 
too clear for comment. 

The Bay colonists really acted on principles somewhat akin 
to these, but, with characteristic shrewdness and diplomatic 
tact, while ostensibly doing one thing they really did another. 
They recognized for temporary purposes something of the Eng- 
lish law and practice. They passed a few laws and ordinances 
of their own. 

On August 23, 1630, they provided, — 

"That the Gouernr & Deputy Gounr, for the tyme being, 
shall alwaies be justices of ye peace ; and that Sr Rich : Salton- 
stall, Mr. Johnson, Mr Endicott, & Mr Ludlowe shalbe justices 
of the peace for the psent tyme, in all things to haue like power 
that justices ot peace hath in England for reformacon of abuses 
and punishing of offendrs ; and that any justice of the peace 
may imprison an offendr, but not inflict any corporall punishmt 
wthout the psence & consent of some one of the Assistants. 1 
Records of Mass. 74. 

After the exhumation of the Jewish law, justices of the peace,. 
as such, were unknown until the days of Andros. 

On May 25, 1636, they took steps to establish the funda- 
mental law of the commonwealth. They provided, — 

" The Gounr, Deputy Gounr, Tho : Dudley, John Haynes, 
Rich : Bellingham, Esq, Mr Cotton, Mr Peters, & Mr Shep- 
heard are intreated to make a draught of lawes agreeable to the 
Word of God, wch may be the ffiindamentalls of this comon- 
wealth, & to present the same to the nexte Genall Court." 1 
Records of Mass. 174. 



240 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



But in the meantime, and at the same session, they provided 
for the temporary administration of justice as follows : 

u And it is ordered, that in the meane tyme the magistrates & 
their assosiates shall pceede in the courts to heare & determine 
all causes according to the lawes nowe established, & where 
there is noe law, then as neere the lawe of God as they can ; & 
for all busines out of Court, for wch there is noe certaine rule 
yet sett downe, those of the standing counsell, or some two of 
them, shall take order by their best discrecon, that they maybe 
ordered & ended according to the rule of Gods Word, & to 
take care for all millitary affaires till the nexte Genall Court." 
I Records of Mass. 175. 

Towns, churches, religious teachers, and the magistracy 
labored upon the embryo constitution. The matter was com- 
mitted to two eminent ministers, John Cotton and Nathaniel 
Ward. Each framed a model. Cotton's plan, mild and benefi- 
cent for the age, was rejected. Ward's plan, after passing the 
ordeals named, was adopted in 164L It comprised one hun- 
dred laws, and constituted the famed body of liberties. 

Ward, who gave it its finishing touches, had passed the inns 
of court or of chancery, and practised law in the mother coun- 
try, and of course was admirably adapted to give the doctrines 
of the Old Testament and the Jewish law a popular flavor. 

Let us see what the colonists did. 

Until 1662 they did not even recognize the supremacy of the 
king by issuing writs in his name. They discarded the whole 
system of crown law, and in 1641 the general court ordered 
" that no man's life shall be taken away, no man's honour or 
good name shall be stained, no man's person shall be arrested, 
restrained, banished, dismembered, nor any way punished ; no 
man shall be deprived of his wife or children, no man's goods 
or estate shall be taken away from him, nor any way indam- 
aged, under colour of law, or countenance of authority, unless 
it be by virtue or equity of some express law of the country 
warranting the same, established by a general court, and suffi- 
ciently published ; or in case of the defect of a law, in any par- 
ticular case, by the Word of God. And in capital cases, or in 
cases concerning dismembering, or banishment, according to 
that word, to be judged by the general court." Ancient Char- 
ters 43, 44. 



ANNUAL ADDRESS. 24 1 

For generations they rejected the benefit of clergy. They 
substituted for the law of England in relation to crimes the Mo- 
saic code. They swept away the whole English law of descent 
and distribution, and established the doctrine of equality, but 
gave the eldest son a double share, in accordance with Jewish 
law. They made all the estates allodial. They annihilated the 
elaborate, artificial, subtle, and intensely complicated system of 
English conveyancing, and substituted another, brief, plain, and 
comprehensive. They discarded the whole British system for 
the administration of justice, and created another entirely un- 
known in the mother country. They provided that causes at 
law and in equity should be heard by the same tribunal, con- 
trary to the English rule for centuries. They made real estate 
liable for debts, reconstructed the whole law of attachment, 
created the law of levy and extent, and established for legal pur- 
poses the sale at public vendue. They discarded the shrievalty, 
with its power of packing juries under the guise of selecting 
jurors. They substituted for this the marshalship, and election 
of jurors by town-meeting. They struck the Church of En- 
gland under the fifth rib by making ministers elective teachers. 
They made marriage a civil contract, which no minister or 
clergyman for generations could solemnize. They rejected the 
doctrine of the Church of Rome and of the Church of England, 
the civil law, the common law, the statutory law of the mother 
country, and the canon law as expounded at Doctors' Com- 
mons in relation to divorce, and put it on an entirely new foot- 
ing by adopting the third part of the mishna, or oral or com- 
mon law of the Jews, in relation to divorce and the commerce 
of the sexes, and then amended the Word of God so that the 
county court, the courts of assistants, and the general court 
might grant a divorce from the bonds of matrimony, whenever 
any of those tribunals might deem it for the best. They invented 
the action of review as a matter of right, and the action of 
book debt, aided by the suppletory oath. 

But besides all this and much more, they introduced a system 
of espionage almost as searching as that of the Inquisition. 
Every man became a spy upon his neighbor, and the magis- 
trate became omnipresent. People were sometimes arrested 
for criminal offences and acquitted, and yet convicted of some 



242 NEW HAMPSHIRE HISTORICAL SOCIETY. 

" indiscretion" in connection with the offence. They were often 
arrested on "suspicion" of committing some offence. It is but 
just, however, to say, that unless they were charged with being 
Quakers, witches, or with preaching or teaching something on 
doctrinal points which was supposed to be contrary to some- 
thing that was usually taught, or of being in a minority, as Gov- 
ernor Vane and Wheelwright were, they were generally ac- 
quitted. But for this, while there could be no justification, 
there were circumstances in extenuation. Some seem to think 
that if we go back a short distance, and fail to strike the Garden 
of Eden in its primitive innocence, we shall at least find the 
appropriate home of the perfectionists, verging on a period 3 

when human nature, freed from its grossness, was arrayed in 
spotless robes. Whoever will study attentively the pages of 
Bradford, Hubbard, Winthrop, Hutchinson, and the twenty 
volumes of colonial records, will at least find that Plymouth 
and the Bay Colony were not that ideal home. 

The people were the most litigious on the earth. More or 
less of the higher magistrates had been educated as lawyers, 
but for a long period, with a single brief exception in each col- 
ony, no lawyers educated as such were engaged in the practice 
of the law. As a consequence, whoever could read and write T 
and some who could not, became a sort of mermaid lawyers, 
and these, as was to be expected, mistook tricks, quirks, and 
quibbles for law, and shystering for jurisprudence. So far had 
this gone, that as early as 1656 the general court of Massachu- 
setts had to apply the gag, and prohibit the parties, by them- 
selves or their attorney, pleading " for a longer time than one 
hour." 

The records are tettered with charges of theft, drunkenness, 
and other disorders against the peace and good order of society, 
and fairly blotched with charges of social sins and indiscretions. 

The year 1635 was one of the halcyon years in the colony. 
Bostonians never fail to point to it with pride, as the year ot 
light. At that time prosecutions were barred which had been 
committed more than two years prior to the session of the grand 
jury ; and yet one of your members, in a public address before 
this body, has called your attention to the fact that in that very 
year, when there were less than 6,000 people in that colony, the 



ANNUAL ADDRESS. 243 

grand jury found one hundred indictments at a single term 
Concord has in round numbers 15,000, and Merrimack county 
less than 50,000 people. What would you think, what would 
the people of Concord think, if, after throwing out what are 
known as liquor cases, 250 indictments should be found at a 
single term, or 500 a year against the people of Concord alone, 
or 770 a term, or 1,550 a year against the people of Merrimack 
county? 

With the exception named, taking ten years together, the 
indictments in this county will not exceed fifty on an average, 
and the offences of which justices of the peace, police courts, 
and the grand jury actually take cognizance, all told, will not 
average 300 a year for the central county of the state. The 
stanza, — 

" The good old ways our fathers trod 
Shall grace their children never," 

would seem singularly inappropriate at the present time. 

The apology in extenuation for this state of things, as respects 
Plymouth, has been given by Governor Bradford in his history. 
Any abridgement would impair its force, and I therefore give 
it entire : 

" But it may be demanded how it came to pass that so many 

wicked persons and profane people should so quickly come 

over into this land, & mixe them selves amongst them? seeing 

it was religious men yt begane ye work, and they came for 

religions sake. I confess this may be marveilled at, at least in 

time to come, when the reasons thereof should not be knovvne ; 

and ye more because here was so many hardships and wants 

mett withall. I shall therefore indeavor to give some answer 

hereunto. And first, according to yt in ye gospell, it is ever to 

be remembered that wher ye Lord begins to sow good seed, 

ther ye envious man will endeavore to sow tares. 2. Men 

being to come over into a wildernes, in which much labour & 

servise was to be done aboute building & planting, &c, such 

as wanted help in yt respecte, when they could not have such 

as yey would, were glad to take such as they could ; and so, 

many untoward servants, sundry of them proved, that were 

thus brought over, both men & women kind ; who, when 
vol. ix. 18 



. 



244 NEW HAMPSHIRE HISTORICAL SOCIETY. 

their times were expired, became families of them selves, which 
gave increase hereunto. 3. An other and a maine reason hear- 
of was, that men, finding so many godly disposed persons will- 
ing to come into these parts, some begane to make a trade of it, 
to transeport passengers & thier goods, and hired ships for that 
end ; and then, to make up their fraight and advance their prof- 
ite, cared not who ye persons were, so they had money to pay 
them. And by this means the cuntrie became pestered with 
many unworthy persons, who, being come over, crept into one 
place or other 4. Againe, the Lords blesing usually follow- 
ing his people, as well in outward as spirituall things, (though 
afflictions be mixed withall,) doe make many to adhear to ye 
people of God, as many followed Christ, for ye loaves sake, John 
6, 26. and a mixed multitud came into ye willdernes with ye 
people of God out of Eagipte of old, Exod. 12. 38; so allso 
ther were sente by their freinds some under hope yt they would 
be made better; others that they might be eased of such bur- 
thens, and they kept from shame at home yt would necessarily 
follow their dissolute courses. And thus, by one means or 
other, in 20. years time, it is a question whether ye greater part 
be not growne ye worser." Bradford's History 398-399. 

A great man, equally great as an observer and thinker, — De 
Tocqueville, — says, — 

" In this part of the Union [New England], the impulsion of 
political activity was given in the townships ; and it may almost 
be said that each of them originally formed an independent na- 
tion. When the kings of England asserted their supremacy, 
they were contented to assume the central power of the state. 
The townships of New England remained as they were before ; 
and although they are now subject to the state, they were at 
first scarcely dependent upon it. It is important to remember 
that they have not been invested with privileges, but that they 
seem on the contrary to have surrendered a portion of their in- 
dependence to the state." Democracy in America 67. 

This distinguished foreigner was probably right in treating 
our township system and its training as the foundation on which 
our free institutions rest. The old world had towns, cities, and 
municipalities, but our township system was a New England 
institution. Nobody created it. Neither the Plymouth col- 






ANNUAL ADDRESS. 245 

onists nor those of the Bay contemplated anything of the kind. 
Necessity sowed the seed, and the rest, like poor Topsy, 
" growed." Neither Plymouth nor the Bay colony has any 
patent on this township system, or any right to one. The 
necessity for it was far stronger in New Hampshire than in 
either. Plymouth set up, and the Bay colony imported, a cen- 
tral authority. But in New Hampshire there was not only no 
such authority at the outset, either in fact or in name, but no 
bond of a common interest or association. Each New Hamp- 
shire settlement, like the tub of Diogenes, stood on its own bot- 
tom. Each was in fact an independent republic. In the just 
sense of the term, the genuine township system originated and 
was developed in New Hampshire. Prior to the written arti- 
cles of association there is but little evidence as to the forms of 
government and procedure in Dover and Portsmouth, but that 
little tends strongly to show that they did what on the whole 
was deemed best for the common welfare, without regard to 
the laws of England or any other law. In a word, they gov- 
erned themselves. After the association, each town except 
Hampton was a pattern republic. Its laws were enacted by 
major vote in town-meeting, that being the supreme legisla- 
ture, and its officers were the supreme executive authority. 
Each town chose a ruler or judge, with assistants or associates. 
These in general were the court of first instance and of last 
resort. These tribunals ordered what, on the whole, they thought 
was most fitting for honest men to do. This town legislation, 
in the main, as shown by Judge Smith in relation to Exeter, 
was not only sensible and wise, but far in advance of what we 
should expect. And from the little we know, we have no rea- 
son for thinking that the action of these courts was not equally 
sensible and just. 

There was that in the settlement, babyhood, and growth of 
these four towns, which left a powerful impress on the fu- 
ture state. We have had bigotry, harshness, and intolerance 
enough, but as a whole New Hampshire from the outset has 
been preeminently the home of toleration. Georgia, for thir- 
teen years, Maryland, with an exception which it is unnecessary 
to recite, and New Hampshire from the beginning, have been 
tolerant in matters of faith. The founders of Plymouth and the 



246 NEW HAMPSHIRE HISTORICAL SOCIETY. 

Bay colony made the church the state. No man outside the 
church could vote, be elected to office, or in general exercise 
any of the functions of a freeman. In a word, he was a politi- 
cal and religious outcast. For this the founders established 
themselves in the New World; but New Hampshire was set- 
tled for entirely different reasons. Fishmongers, salt- and pot- 
ash-makers, lumbermen, mine hunters, land speculators, and 
their employes, settled Dover and Portsmouth. They came 
here to do business and make money. It was no purpose of 
theirs to found a commonwealth of saints, build up a religious 
aristocracy, or to banish from their borders any one for a dif- 
ference in matters of faith. 

The Bay colony had always treated Hampton as its outpost, 
and as a sort of penal settlement, a species of moral Botany 
Bay, to which its over-religious and uncomfortable spirits might 
be banished. 

A politico-religious or religio-political controversy had arisen 
in Massachusetts. Harry Vane was governor, and he and his 
friends, Wheelwright and Mrs. Hutchinson and others, desired 
that he should remain so. The contest waxed warm. If a 
small portion of what was said by each party of the other was 
true, they had little claim to be teachers of either religion, mor- 
ality, or honesty. At last Vane was beaten, and the majority 
disfranchised the leaders of the minority, and banished Wheel- 
wright and his gifted sister, and afterwards hunted him from 
Exeter to Hampton and Wells, and then gave him his certifi- 
cate of good character, while they drove her among the Indians, 
who welcomed all her children but one "with bloody hands 
to hospitable graves." 

The natural result was, that these towns were always toler- 
ant so far as they dared to be, while menaced by the overgrown 
bully of the Bay colony, threatening to take away Dover in 
1638, afterwards claiming Exeter, and in 1639 sending an expe- 
dition to what is now Franklin, for the purpose of taking the 
preliminary steps for committing grand larceny of a whole prov- 
ince. 

It is worthy of note, that on September 18, 1679, this claim 
that the colony of Massachusetts Bay had any jurisdiction over 
New Hampshire, was declared by royal authority to have been 



n 



ANNUAL ADDRESS. 247 

without foundation from the beginning, and this decision was 
deliberately reaffirmed on May 9, 16S2, by Cranfield's commis- 
sion. 

The second period embraced the time between the union and 
the time when the governmental machinery of New Hampshire 
as a royal province was put in operation, in January, 1680. 

The first period comprised about twenty, and the second less 
than forty, years. 

Considering that what was done by Massachusetts was in a 
sense sheer usurpation, the so-called union was a very peculiar 
and mixed affair. Hampton, as we have seen, had always been 
treated by it as part of the Bay colony. No change was 
made, and none was needed. Exeter, up to the presentation of 
her petition of May 12, 1643, had always asserted her political 
autonomy and had maintained it, but the "politic head" and 
"long arm" of the Bay colony, to use the words of Judge 
Smith, had left Exeter alone, and then refused to treat with her 
except as another Hampton. 

" Exetter petition was answered, being it fell within our 
patent, the Court took it ill they should Capitulate with them." 
1 Prov. Pap. 168. 

Having Hobson's choice, Exeter submitted on or before Sep- 
tember 7, 1643. But the same politic head treated with Dover 
and Portsmouth upon a different basis. On April 14, 1641, a 
species of tripartite treaty was entered into between them, as 
independent nations might, by which Massachusetts was to 
have "jurisdiction of government of the said people, dwell- 
ing or abiding within the limits of both the said patents, to 
be ruled and ordered in all causes, criminal and civil, as in- 
habitants, dwelling within the limits of Massachusetts govern- 
ment," &c, &c. 

The contrast between the position of Hampton and Exeter on 
the one hand, and Dover and Portsmouth on the other, is very 
marked. As to the first, the Bay colony was lord of the fief, 
and, as to the latter, only had government over the people in 
certain matters and with certain limitations. 

In this way the statutory and customary law of the Bay col- 
ony became the law of New Hampshire, but in strictness this 
applied only to the territory occupied by the four towns. What- 



24S NEW HAMPSHIRE HISTORICAL SOCIETY. 

ever the rest took, they took as it were by absorption and 
usage. For this reason the law of New Hampshire in some 
respects remains to this day a Chinese puzzle, both to courts 
and antiquarians. There is still another difficulty. The law 
as written and the law as administered may differ widely. The 
long heads of the Bay colony were looking much more to the 
future of New Hampshire than to the present. Nobody knows 
how many people were in the four towns at the time of the 
union, but one of our greatest men, in his address before this 
society on June 8, 183 1, said, "No reasonable calculation can 
assign to our territory at that period a population exceeding one 
thousand souls." The evidence upon this point is meagre, 
fragmentary, and imperfect. The most useful is that which 
throws back its reflected light from later years. The chances 
are very strong that Mr. Atherton over-estimated rather than 
under-estimated the number, and that the people at that time 
within the four towns numbered less than one thousand, and 
at the time the government was put in operation, less than 
three thousand. For obvious reasons there was a party in all 
these towns opposed to the domination of the Bay colony. 
Therefore as a matter of policy, except in taxation and a few 
other matters, the New Hampshire towns were treated with lib- 
erality, and practically allowed to govern themselves by their 
own officers. 

In 163 1, as a matter of religious principle and duty to God, 
the Bay colony enacted that church members only should be 
freemen, which deprived all others of the right to vote and hold 
office. On September 8, 1642, this law was dispensed with as 
respects the New Hampshire towns. This put the New Hamp- 
shire blackleg on the same legal level as the Massachusetts Pu- 
ritan. Twice at least the Bay colony restored, but once with 
some qualification, the test of 1631 (3 Mass. Records 357 ; 
4 Mass. Records (Part I) 420) ; but they probably did not in- 
tend to break faith, for it was undoubtedly done with the under- 
standing that while, like " Ensign Stebbins," they were in 
favor of the law, they were opposed to its enforcement in New 
Hampshire. The result of this policy was, that local customs 
and usages grew up which overshadowed those originating in 
the Bay colony, to which I have referred. 



ANNUAL ADDRESS. 



249 



In 1643 Norfolk county was created. Salisbury was made 
the shire town. Salisbury, Hampton, Haverhill, Exeter, Do- 
ver, and Portsmouth constituted the county. Hampton and 
Exeter had to get justice at Salisbury, but Portsmouth and Do- 
vex, favored here as in the treaty, were constituted a separate 
jurisdiction, and a local court with associates was created for 
their special benefit. And here commences, or rather recom- 
mences, the era of New Hampshire local law. 

But very little of this has been preserved, either in the rec- 
ords or otherwise. Reference has already been made in gen- 
eral terms to the revolutionary ordinances, statutory and cus- 
tomary law of the Bay colony, which by the union became the 
law of the New Hampshire towns. It may be useful to note 
others. Every sheriff in New Hampshire, from the earliest 
period to the present day, has made his return on the "back 
side " of his writ. Why ? 

On May 12, 1675, the Bay colony provided as follows: 

"Whereas the marshalls oath requires them to make returne 
of such attachments as they serve to the Courts to wch they are 
retournable, which in many cases are very chargeable & trouble- 
some, it is therefore ordered, that henceforth marshalls & con- 
stables shall be obleidged only to make theire returne vpon the 
backside of the attachmt, and the same deliuer to the plaintiffe 
or his orders, sealled vp, when demanded, giving first a copy 
thereof to the defendant, if he desires it ; and that no marshal! 
or constable shall be bound to serve any attachmts till they haue 
theire flees payd them which the law allowes, any law, vsage, 
or custome to the contrary notwthstanding ; and the aforesajd 
clause in the marshalls oath relating to the returne of attachmts 
to the Court is hereby repealled and declared disobleiging." 5 
Records of Mass. 29. 

The provision that the same should be delivered to the plain- 
tiff, etc., was construed in practice to mean to the plaintiffs 
attorney. This had been done in the Bay colony to some ex- 
tent, at least as early as 1657. By custom this became the law 
of New Hampshire, and has so continued to the present day. 

From the passage of this ordinance to the present time, it has 
been the law here that no marshal, constable, sheriff, under- 
sheriff, deputy-sheriff, or special deputy-sheriff was obliged to 



25O NEW HAMPSHIRE HISTORICAL SOCIETY. 

serve any kind of process, unless his fees were first paid or ten- 
dered to him. 

Sheriffs were entirely unknown in New Hampshire until after 
the advent of Cranfield in 1682. Here, as in the Bay colony, 
marshals, deputy-marshals, and constables took their places. 
In Massachusetts a practice had grown up for the marshals and 
constables to appoint deputies to make service who naturally 
served their own and their masters' interests, rather than the 
law. 

On May 12, 1675, the Bay colony ordered, — 

"That it shall not henceforth be in the power of any mar- 
shall to make, constitute, or appoint any deputy in his place or 
stead to serve attachments or levy executions where the sajd 
deputy is personally related or concerned, nor shall it be law- 
full for any constable to make a deputy to serve attachments or 
levy executions in any case, any law, custome, or vsage to the 
contrary notwthstanding." 5 Records of Mass. 28. 

It has long been the law of New Hampshire, that where the 
sheriff was a party, or related to either party, or interested in 
the suit, the process must be directed to and served by a coro- 
ner. I am, however, unable to find any evidence that any con- 
stable here, from the early settlement to the present time, ever 
attempted to appoint a deputy, or that such an office was recog- 
nized by the law. 

An attachment of goods and lands was a traction or seizure 
of the same. If A gave a deed to B, they both went upon the 
premises, and A gave seizin to B by pulling up a " twige and 
turfe," and delivering the same to B, or by taking up a porrin- 
ger or vessel of water, and delivering the same to B. Then B 
recited at the end of the deed, that on a day stated he had 
received the seizin in this way. In a suit between A and B, 
the marshal, sheriff, or constable went upon the land, took pos- 
session of it in the same way, and returned that he had attached 
the house or the land, describing the latter by metes and bounds. 
When he made the levy, he went upon the land and delivered 
seizin by twig and turf, or by water, to the plaintiff, and the 
plaintiff acknowledged seizin and possession in the same way. 
And this was the rule in New Hampshire for nearly two hundred 
years. 



ANNUAL ADDRESS. 25 1 

On May 12, 1675, the Bay colony provided, — 

"For the better direction & regulating of all clarkes, secre- 
tarys, marshalls, & constables, in refference to the granting & 
serving of executions, it is hereby ordered and enacted by 
this Court, that all executions shall be made according to the 
words of the judgement, wthout addition or substraction, and 
that the officer that grants the same keepe vpon reccord the 
day, moneth, & yeare when it was granted, and that all mar- 
shalls & constables take care to see them recorded ; and in case 
of houses & lands taken vpon execution, it concernes the per- 
son or persons to whom thay are deliuered to see it duely re- 
corded, which being don, shall be a legall assurance of such 
houses & lands to him & his heires foreuer" 5 Records of 
Mass. 28, 29. 

Here the clerk extends the record, as it is termed, but other- 
wise this is still the law of New Hampshire. 

In October, 1644, it was provided that a plaintiff might take 
out a summons or attachment at his option, but that if he took 
out an attachment he could not proceed with his action unless 
he gave the defendant a notice thereof in writing, or left one at 
his usual place of abode ; and this has substantially been the 
law here ever since. 

Until October 15, 1650, if the defendant appeared, or re- 
mained till after judgment, as the case might be, such appear- 
ance or remaining discharged the attachment. At that time it 
was provided that such appearance or judgment should have no 
such effect, but that kt all goods attached" should " stand jn- 
gaged untill the judgement, or the execution graunted vppon 
sajd judgment be discharged." 4 Mass. Records (Part I) 27. 
But to obviate so palpable an inconvenience, in 1659 it was 
provided that unless the execution was taken out within one 
month after judgment, the attachment should "be released and 
void in law." 4 Mass. Records (Part I) 365, 366. This has 
been the law here ever since, and this is the basis of the mas- 
terly judgments in Kittredge v. Warren, 14 N. H. 509, Kit- 
tredge v. Emerson, 1 N. H. 227, and Peck v. Jenness, 16 N. H. 

5.6. 

At an early day in the Bay colony parties to suits neglected 
to appear seasonably in court unless they were sent for. 



252 NEW HAMPSHIRE HISTORICAL SOCIETY. 

To remedy the inconvenience and expense occasioned there- 
by, on May 22, 1650, the Bay colony provided, — 

u Whereas, in suites and acctions brought into Courts be- 
tweene party and party, sometimes the plaintiffe, and sometimes 
the defendant, and sometimes neither of them, doe attend to 
answer when they are called to prosecute or answer, which 
hath binn to long connived at by the magistrates, and much 
time lost in sending to seeke them out, or waite their coming 
in, whereby the countryes chardge is encreased, and the magis- 
trates, jurors, wittnesses, and others abused, contrary to the 
laudable, reasonable practize and custome of all Courts in our 
native countrje, and other countrjes knoune vnto vs, itt is there- 
fore hereby ordered and enacted, that if any plaintife, he or 
shee, have entered any action to be trjed in any Courte, or which 
comes orderly into any Courte by replevin, appeale, or by the 
disagreement betweene the magistrates and jury in an inferior 
Courte, and doe not by him or hirself, or by their attorney, make 
their appearance, and prosecute their action jmediately after 
they have binn three times called in the Courte by name, after 
the first forenoone of the Courte, that then they shall be non- 
suited ; and if plaintife or defendant appeare vppon such call, 
they shall have their costs graunted by the Courte against him 
that doth not appeare ; and if afterwards both partjes doe 
agree to trye their case the same Courte, they shall be allowed 
so to doe, the plaintif paying halfe so much for a new entry as 
he did before ; and if any person presented by the grandjury 
for any offence, or somoned by a magistrate to answer any 
crime, doe not, vppon somons, appeare at the time appointed 
vppon the third call, as aforesajd, he or shee shall be proceeded 
against for contempt, except he or shee be restrajned or pre- 
vented by the hand of God." 4 Records of Mass. (Part I) 4. 

This was in substance reenacted by sections 31 and 35 of the 
Cutt code of general laws. At any rate, from 1650 to the pres- 
ent hour this has been in most respects the customary law of 
New Hampshire. Almost every day in court the sheriff can 
be heard proclaiming, tc John Doe, John Doe, John Doe come 
into court and answer to Richard Roe or your default will be 
recorded," or "nonsuited," as the case may be; and in the 
same way offenders who have been bound over to the higher 



ANNUAL ADDRESS. 253 

court, as it is termed, are called, and their recognizances de- 
clared forfeited. But there is no evidence that the provision in 
relation to the payment of half-entry fee was ever recognized 
in New Hampshire. But by the act of June 21, 1701, when 
the default was taken off, before the jury were dismissed, the 
defendant was compelled to pay " down" to the plaintiff the 
" cost he hath been at so far," and then the plaintiff was com- 
pelled to " pay for entring the Action anew." 

The process of the courts was simple. On August 23, 1630, 
the general court provided as follows : 

" It was ordered, that, in all ciuill accons, the first pcesse or 
sumons by the beadle or his deputy shalbe directed by the 
Gouor, or Deputy Gounr, or some other of the Assistants, being 
a justice of the peace ; the next pcesse to be a capias or dis- 
tringas, att the discrecon of the Court." 1 Records of Mass. 

74- 

The result and the remedy for this were given on November 

XI, 1647, in these words: 

"For ye pventing & according of long, tedious, & confused 
pleadings in civill actions, & ye many complaints of defendants, 
alleadging yt they undrstand not wt to answere to, nor wt wit- 
nes to sumon, till they appeare in Corte, as also for ye bettr 
pserving ye records of all actions tryed in all Cortes of iustice 
wthin ys Jurisdiction ; & lastly, yt all actions of review may be 
ye bettr discerned & Judged, this Corte doth hereby ordr, yt 
all plantiffs or their atturnyes in civill actions shall hencforth 
draw up a declaration, in a faire & legible hand, & shall delivr 
it to ye recordr or clarke of ye Corte wr ye cause is to be tryed 
3 dayes at. least before ye same Corte, wrby ye defendt may have 
time also to put in his answere in writing, as above, & to sumon 
his witnesses according to ye nature of ye declaration ; & all 
actions shall be entred before ye end of ye first day of ye Corte." 
2 Records of Mass. 219. 

The practice in Massachusetts improved step by step until 
about 1 72 1, when, as a rule, the declaration appeared in the writ ; 
but this in general had been the practice in New Hampshire 
from a very early period. In Judge Smith's MSS., entitled 
" Old Records," he collected about sixty cases in which the 
declaration appears as a part of the writ prior to the estab- 



254 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



lishment of the Cutt government, and quite a number were 
between that time and 1692. He also collected others ranging 
from 1649 to 1707. These show the general uniformity of the 
practice here, but it was not compulsory save only under the 
Cutt code. 

Richard Waldron, by reason of his personal interests and 
relations, was a Massachusetts man. Under his lead Dover 
became famous in the olden times for the alacrity with which 
its people at the beck of the Bay colony pursued the witches. 
At some time in 1656, Robert Coutch called Goodwife Jane 
Walford a witch, whereby she was brought into the court of 
associates " upon suspicion of being a witch." As we now 
term it, she was allowed to go upon her own recognizance. 
On March 22, 1669, she brought an action for slander, laying 
her damages at one thousand pounds. The declaration is as 
follows : 

" In an action of slander for saying that the said Jane was a 
witch & he would prove her one which is very greatly to her 
damage." Judge Smith's Old Records 78. 

She prevailed, the jury giving her a verdict for five pounds 
and costs of court. 

Coutch set a back fire by bringing an action for unjust molesta- 
tion. The declaration was as follows : 

" In an action of the case in unjust molestation in arresting 
him in JCiooo action which he conceives not according to law 
but much to his prejudice & damage." Judge Smith's Old 
Records 78. 

So far as I am able to ascertain, the Walford case, and that of 
Rachel Fuller in 16S0, and perhaps one other, are the only ones 
in New Hampshire where any person has been molested on a 
charge of witchcraft. Yet tolerant Massachusetts commenced 
hanging witches in 1648, and kept on until the summer of 
1692, when at a single term a man eighty years oldw r as pressed 
to death for standing mute, nineteen were hung, nine were sen- 
tenced to death, and fifty more were imprisoned, and terrified 
into a confession of their guilt. 

But New Hampshire was not stainless. The following order 
by Waldron, dated at Dover, December 22, 1662, needs no 
comment : 



' 



ANNUAL ADDRESS. 



*55 



" To the constables of Dover, Hampton, Salisbury, Newbury, 
Rowley, Ipswich, Windham, Linn, Boston, Roxbury, Dedham, 
and until these vagabond Quakers are out of this jurisdiction. 

" You and every one of you are required, in the King's Maj- 
esty's name, to take these vagabond Quakers Anna Colman, 
Mary Tompkins, and Ahie Ambrose, and make them fast to 
the cart's tail, and drawing the cart through your several towns, 
to whip them upon their naked backs not exceeding ten stripes 
apiece on each of them in each town ; and so to convey them 
from constable to constable till they are out of this jurisdiction, 
as you will answer it at your peril ; and this shall be your war- 
rant." 2 N. H. Hist. Col. 45. 

To the shame of all New Hampshire men and women, this 
order was executed by the constables in Dover, but it was too 
infamous even for Walter Barefoote. By characteristic inge- 
nuity he got these poor unfortunates out of the hands of the 
constables in Salisbury, and sent them in peace across the line. 
But this treatment was like the dew of heaven compared with 
that which the Quakers received in Massachusetts. There they 
were banished, their tongues bored with red-hot iron, and their 
dead bodies swung from the gallows. To the credit of the legal 
profession it must be said that no lawyer sat on the bench, nor 
in anywise participated at these trials. Had there been an 
educated bar, knowing the rights of their clients, and daring to 
maintain those rights and the rights of the jurors, the result 
might have been different. 

Prior to 1649 a sort of trustee process was in use in the Dover 
and Portsmouth court. In 1649 we find the following process : 
"To the marshal of Dover or constable of Strawberry Bank 

" You are required to attach the bark now in possession of 
Richard Cutts or John Cutts so as to bind the same to be 
responsal at the next court at Dover unto the complaint of Mr. 
Sampson Lane in an action of the case upon acct. if the said 
bark be John Cutts' or in an action of the case for judgment 
obtained by E. Savage if the barke be Richard Cutts and so 
make a true return hereof under your hand dat 1 (7) 1649. 

Per Curia W Aspinwall" 

The return was as follows : 

11 Executed this attachment upon the bark according to the 



256 NEW HAMPSHIRE HISTORICAL SOCIETY. 

tenor hereof by William Storer Marshall" Judge Smith's Old 
Records 82. 

A process in 1657 was as follows : 

"Attach the goods of Mrs. Ann Mason Exx to Capt John 
Mason of London, deed, to the value of £25 the said goods and 
debts are recovered by Mr. Joseph Mason as atty to the said 
Ann Mason & now in the hands of John Goddard so as the 
same may be responsible to answer to the complaint of Edward 
Colcord the assignee of John M. at the next court to be holden 
at Dover in an action of the case for monies detained which is 
due by bill from the said Capt. John Mason his agent Cap 
Walter Neale as appears under his hand." 

The return is as follows : 

u This attachment served upon the estate of Mrs Ann Mason 
in the hands of John Goddard according to the tenor of the 
warrant by me" Judge Smith's Old Records 76. 

And this was more than sixty years before the double-bar- 
elled trustee act of May 13, 171S. N. H. Laws, Russell's ed. 
of 1726, pp. 122-124. 

Account-books, shop-books, actions of account, and book 
debts, as they were termed, were in use in the Bay colony and 
in New Hampshire at a very early day. 

The common form of an action of book account here in 168S 
was by adding to the common form for goods sold and deliv- 
ered the words, " as by the said plantifT's book of acct relative 
thereto being had more particularly appears." Judge Smith's 
Old Records 50. 

In 1669 the defendant was required to appear at the next 
court of assistants to be held at Portsmouth the last Saturday of 
September next to answer in "an action of debt of about £16,, 
3,, 8 or what shall appear justly due by book" &c. Judge 
Smith's Old Records 66. 

In 1670 Thomas Mayne was attached to appear before the 
court of associates to be holden at Portsmouth or Dover " in an 
action of the case for a debt due by book to the value of £9,, 
8,, 4" &c. Judge Smith's Old Records 66. 

Jose v. Robie, in 1697, was for "goods received & money 
lent said Robie as will more at large appear by book in the 
trial of the case." Judge Smith's Old Records 65. 






ANNUAL ADDRESS. 257 

Partridge v. Allen, December term, 1700, inferior court of 
common pleas, was, among other things, "as by account here- 
unto annexed stated in the plats book reference being had/' &c. 
Judge Smith's Old Records 6j. 

The form used at the March term of the inferior court of 
common pleas, 1707, in W. Ardett v. B. Young, was, — 

"In a plea of the case for that the deft, is & standeth justly 
owing & indebted unto the plat, as it is stated & set down in 
the plats book ready to be produced in court in the sum of 
JC19,, 4,, 6, as by a copy of the account taken out of the plat 
book & hereunto annexed will more especially appear & he the 
deft being so indebted promised to pay the same yet notwith- 
standing the plat, hath often requested the deft to pay him the 
said sum of £19,, 4,, 6,, he the deft hath refused & still doth 
refuse to pay the same which is to the plat, dam." Judge 
Smith's Old Records 49. 

Judge Smith says that in 1717, "the declarations on acct. 
annexed are like those 20 years before & allege no promise to 
pay & those on notes, book acct. & bills usually offer a prof- 
ert." Judge Smith's Old Records 11S. 

In i743~'5 the great case of Sherburne v. Thompson ran the 
gamut of our courts. The papers are now in the files of the 
old court of appeals at the state-house. The suit was on book 
account. A copy of the account is on file ; it occupies two col- 
umns and a half of long bill paper, written very closely. The 
plaintiff was a Boston merchant. He copied off his bill, took 
his book with him, and went before a justice of the peace in 
Boston, who compared the book with the account, and certified 
at the end of the account that he had done so ; that the two tal- 
lied except in a single item, stating what that was. He admin- 
istered the oath to the plaintiff, and in this way the plaintiff 
proved his case. Depositions as they were sometimes termed, 
or affidavits as we should term them, were sometimes used in 
the Bay colony before grand juries as early as 1629. 

At an early day the adverse party was notified, so that he 
might be present and object to the witness's testifying if he saw 
fit. When the deposition came to court, if the witness was 
incompetent, or the testimony, the deposition was excluded. 
This rule has been modified as respects leading questions, where 



258 NEW HAMPSHIRE HISTORICAL SOCIETY. 

the deposition must show that a special exception on that 
ground was taken at the caption, but otherwise is the founda- 
tion of the present practice. The adverse party might be pres- 
ent, hear, and object, but he could not cross-examine. The 
latter right was accorded, so far as I have been able to observe, 
long after the present century began. Within the memory of 
members of the bar still living, these depositions were taken 
in the narrative form. We owe the practice of taking them 
by interrogatories and answers to Judge Parker after he went 
upon the bench ; but I am not aware that in the last century 
it was ever necessary to give notice of the administration of the 
suppletory oath. The paper and certificate of the justice of the 
peace in Sherburne v. Thompson was in essence the deposition. 

Actions on the case for not accounting, or " suits for a settle- 
ment," as they were commonly termed both by lawyers and lay- 
men, were brought at a very early period, and as late as the 
time when Mr. Smiley was in practice in Grafton in this state. 

In 1665 one Lockwood was sued to answer "in an action of 
the case for not paying nor giving him an account of a voyage 
to the West Indies & back again which the sd L did take on 
Nov. 1663 in the vessel Walter & Deborah whereof the sd B. 
doth own [-4 part the sd vessel being of burthen 53 tons or 
thereabout with due damages." Judge Smith's Old Records 6S. 

In 1665 George Walton brought suit against W. Drew, " in 
an action of the case upon account for not giving the sd G. W. 
an acct. of a fishing voyage & not delivering the sd. G. W. his 
share of the fish & oil the sd W. D. being the master of the sd 
voyage." Judge Smith's Old Records 74. 

Similar suits were brought until the Revolution. The suit 
of Samuel Moffat v. Peter Livius was entered early in 1768. 
This also was an action for not accounting for a voyage, and 
was brought by one of several owners. It was brought against 
one of the council. From its importance it brought into the 
case more than half of the entire legal talent of the province. 
An attachment of real estate was made by the sheriff, on Febru- 
ary 4, 176S, at 7 150 p. m., and a summons was left on that day 
" at the last and usual abode of" the defendant. On February 
9, 176S, the plaintiff also attached a schooner, valued at four 
hundred pounds. John Moffat, John Parker, John Pickering, 



ANNUAL ADDRESS. 



259 



William Parker, and Samuel Livermore, the king's attorney- 
general and the great man of that generation, were of counsel. 
A variety of questions were raised in that case, to which it is 
unnecessary to refer ; but one objection is important for the pres- 
ent purpose. It is as follows : 

" 3dly. The account is not attempted to be proved by the 
appellant's oath or by the oath of any clerk of his but the attor- 
ney only swears that one part of the account is fairly transcribed 
from the appellant's books." 

This point was overruled. Nobody knows the time when a 
plaintiff could not testify in support of his account in New 
Hampshire. But the courts have created a great amount of 
unnecessary confusion, both here and in Massachusetts, by 
neglecting the early history on the subject. 

Mr. Washburn, after reciting in brief a portion of the early 
history in relation to books of account, says, — 

" But in 1654 the court, ; taking notice of the imperfect mat- 
ters that are tendered many times for evidence before the judges 
with reference to shop books, and writings of like nature/ 
passed an order requiring books to be kept in a particular form 
in order to be admissible as evidence. And c for any wares 
sold,' the judges would not be willing to take the oath of the 
plaintiff in his own case, unless it be ' to the truth of the whole 
book,' except under certain limitations specified in the order." 
Washburn's Judicial Hist, of Mass. 56. 

On June 7, i6S2, Plymouth colony established the following 
as the law : 

" It is therfore enacted that all and euery Marchant, shop- 
keeper, dealler, &c, shall keepe a booke of theire dealing and 
trading fairely writting downe therein both debt and credit, and 
the said Marchants theire ffactors or servants or any of them 
that shall deliuer any such wares or Marchandice ; makeing oath 
that the said book of accompts is true both for debt and creditt ; 
such Booke of accompts shalbe held sufficient in law for the 
recouery of any debt within four yeers after the deliuery of any 
such goods. But if the defendant will take his oat he that 
hee had not those goods charged in the booke or accompt ; or 
that hee hath payed for the same ; then the case shalbe tryed 
and determined accodring to the best and strongest presump- 



VOL. IX. 



19 



260 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



tions the ptyes concerned shall produce." u Plymouth Col- 
ony Records 255. 

In Cleave's case, decided in 1782, the supreme court of Mas- 
sachusetts said that ci no one item or charge in cash must ex- 
ceed 405 or $6.67," and put it upon the ground of " immemorial 
practice." 3 Dane's Abr., ch. Si, art. 4, sec. 2, p. 319. 

In Cogswell v. Dolliver, 2 Mass. 221, the court held that 
*' in actions of assumpsit for goods sold and delivered, evidence 
by a shop book, or other daily memoranda, with the supple- 
mentary oath of the party himself, if living, is a mode of proof 
admitted with us generally, and is made necessary by the course 
of business in transactions of that nature." 

On May 19, 1669, the general court of the Bay colony enacted 
as follows : 

" On complaint & consideration of sundry inconueniencies, 
both to creditors & debtors, through want of seasonable exam- 
ination & ballancing of booke accounts, it is ordered by this 
Court, & ennacted, that all such booke debts as are now stand- 
ing out, or that hereafter shall bee made, & that shall not, 
within three yeares after publication hereof, or within three 
yeares after such debt as hereafter shall bee made, bee accounted 
for or ballanced with the originall debtor, or his atturney, agent, 
assign, or other lawfull successor or substitute ; and on accompt 
or ballance thereof, assured by specialty giuen for it, or wit- 
nessed by subscribing the debtor, or other accomptants name, 
to the creditors booke, or the subscription of the wittnesses to 
such accompt, shall not bee pleadable in any Court, vnless such 
booke debt shall, within the time before limited, bee prossecuted 
or proued in such Court as hath proper cognizance thereof, by 
euidence competant & approued by the sajd Court ; and the 
euidence there recorded, & the reccord thereof, shall secure the 
creditor, his executores, administrators, & assignes, vnless the 
debtor or his assignes shall disproue the same within one yeare 
after such proofe made, or recouery of the sajd debt, if such 
debtor, his or her agent, atturney, assign, substitute, executor, 
administrator, or other lawfull successor, bee or shall bee with- 
in this jurisdiction, or else where, & haue due notice from the 
creditor thereof." 4 Records of Mass. (Part II) 422. 

The title was, " Order to determine debt bookes, &c." 



ANNUAL ADDRESS. 26l 

On May 28, 1679, the general court of the Bay colony enacted 
as follows : 

" Vpon complaint of sundry inconveniencjes & pjudice aris- 
ing by the law entituled Debts by Booke, if put in execution, 
wch law, vpon sundry petitions, hath, from time to time, been 
suspended, & now againe, by longer experience, found to be 
very detrimentall, this Court, on consideration hereof & what 
else is presented, see cause to repeale the same, & by the author- 
ity thereof it is hereby repealled to all intents & purposes." 
5 Records of Mass. 212. 

It is quite apparent from what we have seen of the practice, 
that neither of these two became a part of our law. 

It is self-evident that the rule in Massachusetts was not a dis- 
abling, but an enabling, rule of practice. It was not intended 
to restrict, but to enlarge, the right to testify. In the mother 
country, for centuries, apparently by a rule adopted among the 
clerks as a matter of convenience, parties, at least the defend- 
ants, were allowed to testify to any item not exceeding 405., 
without reference either to books of account or memoranda. 
This rule of practice was afterwards imported into the .high 
court of chancery. Parties in New England, in an action of 
book debt or book account, were, at a later day as to cash, held 
to the standard thus made. 

It is quite apparent, from the earlier practice which must 
have been unknown to Mr. Washburn, that in actions of ac- 
count or for an accounting, in neither of which the declara- 
tion made the book the test, the plaintiff might testify to his 
account without reference to the book, but if either party de- 
sired it, the book might be introduced to affect the weight of 
his testimony. The records of the early practice in this state 
show beyond any reasonable doubt that neither the Massachu- 
setts ordinance of October 23, 1630, relating to the commence- 
ment of suits, nor that of November 11, 1747, providing that 
declarations should be filed three days before trial, nor the 
order of 1654, to which Mr. Washburn refers, were ever adopt- 
ed as the law of New Hampshire. A careful search has been 
made in the Massachusetts Records by a professional brother, 
but he has been unable to find the order of 1654. 

Eastman v. Moulton, 3 N. H. 156, decided in 1825, is the 



262 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



foundation on which our modern law in relation to book ac- 
counts rests. Parker Noyes was for the plaintiff, and Webster 
for the defendant. In that case it was decided that if it appear 
by the party's "book, or by his examination, that the goods 
were delivered to a third person, who might be produced as a 
witness, the book is not competent evidence." This decision 
nullifies the New Hampshire practice on the subject from the 
earliest settlement. In a few lines, the court, without know- 
ing that they did it, repealed nearly two hundred years of 
history. Judge Richardson was the court. He made the 
decision. He imported so much from Massachusetts, where he 
had been actively engaged in politics and in practice, and made 
it the law here. It had never made any difference here, if the 
book of accounts was otherwise what it ought to have been, 
whether the goods, etc., were delivered by the plaintiff, his 
clerk, or errand-boy, nor whether they were delivered to the 
defendant, his wife, child, agent, or servant, or some other 
third person. 

In one of the New Hampshire cases to which I have referred, 
the account was for several thousands of dollars. The goods 
were sold by a merchant in Boston and delivered to the team- 
sters, who in those days freighted the goods to the New Hamp- 
shire towns. One item was for a hogshead of rum, others were 
for bulky articles, others for dry goods, and still others for 
small articles. The New Hampshire merchant did not carry 
the hogshead of rum home in his hand, or with his own team. 
It is an old adage, that "A new broom sweeps clean." Many a 
judge, when he gets upon the bench, acts upon this adage, and 
is apt to attempt to immortalize himself by acting as a legisla- 
ture instead of as a court. 

This opinion of Judge Richardson's was one of the baldest 
pieces of legislation ever attempted. Whether this legislation 
was wise or unwise is an entirely different question. 

Queen Anne was born February 6, 1664, and ascended the 
throne on Februarv 7? 1702. In 1704 parliament provided that 
promissory notes should be negotiable, and that indorsees might 
maintain an action in their own names against the maker. 
This statute was intended to reverse the doctrine of the courts, 
with Sir John Holt at their head, and this is usually held to 



ANNUAL ADDRESS. 



263 



be the foundation of the negotiability of notes in this country. 
However this may be, it certainly had no application to Massa- 
chusetts, Maine, New Hampshire, and probably Connecticut. 

At the Court of Assistants, holden at Boston, August 16, 1631 , 
it was ordered, — 

" That any bill assigned to another shalbe good debt to the 
pty to whome it is assigned ; also that such debts due vpon bill 
shalbe pd before any other, & that the pty that giueth such bills 
shall renewe them vpon demaund Si deliuy in of the olde bill." 
1 Records of Mass. 90. 

In 1647 the general court emphasized this by providing as 
follows : 

" It is ordered by the authority of this court, that any debt or 
debts due upon bill or ot her specialty assigned to another, shall 
be as good a debt and estate to the assignee as it was to the 
assignor, at the time of its assignation ; and that it shall be law- 
full for the said assignee, to sue for, and recover the said debt 
due upon bill, and so assigned, as fully as the original creditor 
might have done; provided the said assignment be made upon 
the back side of the bill or specialty." Colonial Laws of Prov- 
ince of Mass. 1647. 

On October 18, 1654, they provided as follows ; 

"Whereas there is a great abuse in selling of judgments and 
executjons, and so altering the propriety of them before they be 
sattisfied, or goods seazed, whereby great inconveniencyes may 
arise as experience hath prooved, this Court doth therefore 
order, that after the end of this session, no person shall sell, 
alienate, or assigne any judgement or execution whatsoeuer ; 
and if any shall presume to act contrary to this order, his sale, 
assignment, or alienation shall be vojd in lawe, and in case the 
partje dye after the judgment, before he hath taken out an exe- 
cution, or before satisfaction be received, his executor or admin- 
istrator shall take out or renew the execution, as the testator 
himself might haue donne." 4 Records of Mass. (Part I) 202. 

By referring to 11 Plymouth Colony Records, we find the 
following : 

" It is enacted by the Court that any debt dew by bill or spec- 
ialty to another shalbe as good a debt to the Assignee as to the 
Assigner, and as recouerable by suite, provided the Assignment 



264 NEW HAMPSHIRE HISTORICAL SOCIETY. 

be vnder the Assigners hand and witnesses thervnto." 11 Ply- 
mouth Colony Records 259. 

This law is brief and comprehensive. It was enacted twenty 
years before Queen Anne ascended the throne, and a quarter of 
a century before the enactment of the famous statute making 
promissory notes negotiable. Although of a later date than the 
legislation of the Bay colony, it pointedly summarizes that 
legislation. 

It is broadly distinguished from the English legislation, and 
all the customs of London in relation to goldsmiths' notes, etc., 
by the fact that it puts all evidences of debt under seal upon 
precisely the same basis as notes of hand ; that is, it gives the 
indorsee of the one and the assignee of the other the right to 
recover in his own name. 

In 1654, Mr. Clement Campion, deceased, was required 
u to answer to the complaint of Mr. R Cutt, for a debt due by 
bill to Mr. N. D. of Charlestown & assigned over to the said 
R. C." Judge Smith's Old Records 88. 

In Eliza Eborne v. Joseph Philbrick, June term, 1702, the 
declaration was, " to answer to Eliza E. of &c widow, the 
order of assignee of Samuel Allen of N &c. in an action of the 
case for that whereas the said Joseph by his bill note or instru- 
ment in writing under his hand ready to be produced in Court 
bearing date the 9 May, 1700 did promise to pay unto the said 
S. A. Esq. or his order £5 on the last day of July then next as 
in & by said bill, note or instrument in writing reference to 
which being had will more plainly appear yet notwithstanding 
the said J. P. hath been several times requested by the said 
S. A. as also by the said Eliz. E. to pay the said sum of £5 
hath refused & still doth refuse to do the same which is to the 
plats dam. the sum of £S." Judge Smith's Old Records 57. 

In March v. Coates, at the March term of the Inferior Court 
of Common Pleas, in 1707, a writ was sustained an a bill of 
exchange, dated September 5, 1700, and under the hand and 
seal of the defendant. This bill had been indorsed and assigned 
to the plaintiff by the payee. Judge Smith's Old Records 43. 

The statute of Anne was not in terms made applicable to the 
colonies, but had it been otherwise it could have had no appli- 
cation to any of these three cases, for that statute only applied 



ANNUAL ADDRESS. 265 

to notes, etc., which came into existence after May i, 1705. 
At common law, "to attach a seal to a promissory note or bill 
of exchange destroyed it as such.*' The statute of Anne did 
not change this, but it is clear that the indorsee had the right to 
maintain this action under the Massachusetts act of 1647, which 
became a part of our customary law. 

Prior to 16S0, there were actions at law upon awards, tres- 
pass quare clausum, trespass to the person, trespass de bonis, 
trespass upon the case, trover, special case, covenant, dower, 
writs of entry, trespass and ejectment, debt on mortgage secu- 
rity, also actions of general and special assumpsit, on notes, for 
account stated, common counts, balance of account, etc., and, 
since 1700, the English action of ejectment, with its casual 
ejectors, etc. The declarations, as a rule, were clear, concise, 
and would be a model at the present day. Actions of review 
were known as early as 1669 and undoubtedly much earlier, 
were much in vogue as late as 1751 , and, with occasional lapses, 
prevailed until August 17, 187S. 

The indorsement of writs by attorneys was theoretically un- 
known until the statute of May 13, 171S, but this was in effect 
done, first, by the attorney for the plaintiff setting himself out 
as such in the writ, and, second, by the order of the court, upon 
the motion of the defendant, that the plaintiff furnish security* 
which was generally done by the attorney for the plaintiff in- 
dorsing his name upon the writ, or otherwise upon the record. 

At the February term of the superior court, 1706, in Solo- 
mon Hues v. Henry Sharpe, " Mr. James Menzies being attor- 
ney for Henry Sharpe the appt. & he being no inhabitant in 
this province the said Menzies doth promise in court to pay the 
costs that shall be taxed in case he should be cast." Judge 
Smith's Old Records 285. 

But at the February term, 1718, it was "ordered for a rule 
of court that henceforwards any person living out of this prov- 
ince taking a writ out of this court shall security to the clerk 
in case he be cast or drops his action to pay costs." Judge 
Smith's Old Records 292. 

By the act of May 13, 171S, every person, principal or attor- 
ney, executor or administrator, taking out a writ of attachment 
against another, was required, "before he receive it out of the 



266 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



clerk's office," to " endorse his surname on the back thereof 
towards the bottom." N. H.Lavvs, Russell's ed., 1726, p. 105. 

This act was passed primarily to prevent the gross abuses of 
arrests, which were largely without cause. This act was re- 
pealed June 20, 1792. 

By the act of February 9, 1791, sec. 7, it was provided "that 
all original writs, issuing out of the superior court of judica- 
ture, or the court of common pleas, shall, before they are served, 
be endorsed on the back thereof, near the bottom, by and with 
the name of the plaintiff, or in like manner by his agent or 
attorney, being an inhabitant of this state," etc. 

In Farnum v. Bell, 3 N. H. 72, decided in 1824, the court 
held that the writ must not only be endorsed on the back, but 
" near the bottom" thereof, whereby the plaintiff in that action 
lost his case. In consequence of this decision, the phrase, 
" near the bottom" thereof was struck out by the act of Jan- 
uary 2, 1829, and the law in other respects has remained sub- 
stantially the same to this day. 

By the act of June 23, 1S13, it was provided that " each item 
of said extra expense and trouble be noted, by the officer who 
served said precept, on the back thereof." 

These illustrations show how thoroughly ingrained the an- 
cient practice of sheriffs making their returns, taking bonds, etc., 
and the endorsements of writs on the back side, had become. 

The mode of taking bail since the Revised Statutes is a mod- 
ern illustration of the same thing. 

On October 11, 1665, the Bay colony provided as follows: 

11 Whereas sundry inconveniencjes doe arise by reason that 
plaintiffs in civil cases doe delay to enter their actions to the 
great expence of much pretious time, & damage to the publick, 
it is therefore ordered, that henceforth no action shallbe en- 
tered after the first day of the Court is ended ; and in case any 
plaintiffe shall delay his entry longer than the first forenoone of 
the Courts sitting, euery such person or persons shall pay double 
entry money. And all persons, whither partjes or witnesses, 
are enjoyned to attend their respective concernes in euery Court 
of justice as well the first forenoone of the Court as afterwards, 
and shall present the whole plea and euidence before the case 
be comitted to the jury & no after plea or euidence shallbe ad- 



ANNUAL ADDRESS. 267 

mitted to any person, any lawe, vsage, or custome to the con- 
trary notwthstanding ; and for that end all marshalls & constables 
are enjoyned to make their returnes of attachments by them 
served some time the first forenoone of the Court that is to take 
cognisance of the case concerned therein ; prouided, that the 
double entry money be pajd by him that so neglects his entry, 
& not put the defendant to vnnecessary charge through his de- 
fault." IV Records of Mass. (Part II) 2S0. 

This provision seems never to have been reenacted or adopted 
here until the February term, 1 719, of the superior court, when 
the following appears : 

" Ordered a rule of court that all cases that shall be entered 
after the rising of the court in the forenoon shall pay double 
entry." Judge Smith's Old Records 294. 

Rules of court were authorized by the act of June 21, 1701 
(N. H. Laws, Russell's ed., 22), and the power had been exer- 
cised as early as the time of Waldron's case in 1707. 

In Allen v. Waldron it is clear that the defendant and his 
father had had possession of the locus in quo for more than 
sixty years. This and various other cases make it clear that 
the statute of limitations adopted while New Hampshire was a 
part of the Bay colony was never in force here, and also that 
as late as April 15, 1707, to use the language of Judge Smith, 
" The lawyers of that day did not conceive the British statutes 
of limitations as in force in this country." 

The statute of frauds was reenacted here May 2, 1719, and it 
is very questionable whether any part of it was treated as in 
force here prior to that time. 

Prior to 16S0, a common mandate in writs was to 4t attach 
the goods or chattels" of the defendant, " and to take bond to 

the value of ," " for his appearance," etc. The 

returns, as a rule, follow the mandate; for the return of nomi- 
nal attachments, as of a "hat," "chair," etc., did not become 
common for more than forty years after that period. These 
bonds were, as a rule, exceedingly brief, not longer, and gen- 
erally not as long, as the ordinary engagement of a receiptor in 
these days with the sheriff. It is questionable whether this is 
not the foundation of the practice of taking receiptors, instead 
of the one assigned in Phelps v. Gilchrist, 2S N. H. 272. 



268 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Seals and scrolls were used almost indiscriminately prior to 
1700, and often after that. The courts of associates held at 
Dover and Portsmouth as early as June, 1663, acted as probate 
courts. 

Laws in relation to levies upon real estate, substantially like 
those now in force, prevailed in the Bay colony from a very 
early period, and in New Hampshire since May 13. 171S. 
Prior to that time, after the levy had been made, and returned 
to court, it seems to have been the practice of the courts to 
order a sale at public vendue. Thus, at the February term of 
the superior court in 1715, in the action Edward Cate v. Hugh 
Banfill, we find the following order of court : 

"The sheriff returned an execution Edward Cate con. Hugh 
Banfill as on file that he had levied it on the dwelling house ,1c 
land of the said Banfill in Portsmo. Ordered that a writhe 
issued out for the sayle of the said house & land according to 
law." Judge Smith's Old Records 291. 

This seems to have been purely a New Hampshire practice. 
In consequence of the decision in Barney v. Leeds in 1S74. 54 
N. H. 128, the commissioners adopted this rule of practice, and 
the legislature made it a part of the General Laws in matters of 
partition when the court could see that it would be for the 
interest of the parties. 

On September 9, 1639, the Bay colony provided as follows: 

"Whereas many iudgments have bene given in or Courts, 
whereof no records are kept of the evidence & reasons where- 
vpon the verdit & iudgmentdid passe, the records wherof being 
duely entered & kept would bee of good vse for president to pos- 
terity, & a releife to such as shall have iust cause to have their 
causes reheard & reveiwed, it is therefore by this Court ordered 
& decreed that henceforward every iudgment, wth all the eve- 
dence, bee recorded in a booke, to bee kept to posterity." 1 
Records of Mass. 275. 

Some of the clerks of court were found incompetent, and this 
had its effect upon subsequent legislation. 

The practice in New Hampshire, however, was very different. 
At first there were no lawyers, and the parties went into court 
with their witnesses, and gave in their testimony under oath. No 
record of the same was made. Afterwards each party would 






ANNUAL ADDRESS. 



269 



take his witnesses before some person who was a ready writer, 
and who was supposed to have a clear head, this being oftentimes 
the town-clerk, or some person of prominence, who took down 
briefly but carefully the testimony of each witness. The wit- 
ness did not sign this, or swear to it. The party, when the 
trial came on, took these witnesses and their written statements 
to court. The statement of each witness was read over to him 
in court. The clerk added to, or otherwise modified it. as the 
witness desired. The witness was then sworn, but did not 
sign. The testimony so taken was thus made complete for the 
consideration of the court or jury, as the case might be. When 
the trial was over the party took away this written testimony of 
his witnesses, precisely as he did his deeds or other papers. 
This practice continued for generations. Testimony so taken 
was called depositions, but when by the law written testimony 
could be taken out of court it was known in the statutes and 
otherwise as " affidavits taken out of court." 

When the separatists and fishmongers came into New Eng- 
land, they rejected the form of oaths with which they were 
familiar in the mother country. The separatists of Plymouth 
established in lieu thereof swearing by the uplifted hand. This 
form was adopted in the New Hampshire towns, and has con- 
tinued to the present day. The Puritans rejected the form of 
swearing by the book as idolatrous and paganistic, and from 
shortly after the advent of the charter it was unknown in the 
Bay colony until the days of Andros. 

Prior to 16S0. the general court of the Bay colony had several 
times put the press under censorship. On October 19, 1664, it 
provided as follows : 

" For the preventing of irregularitjes & abuse to the authority 
of this country by the printing presse, it is ordered by this Court 
& the authority thereof, that there shall be no printing presse 
allowed in any toune wthin this jurisdiction but in Cambridge, 
nor shall any person or persons presume to print any copie but 
by the allowance first had & obteyned vnder the hands of such 
as this Court shall from tjme to tjme impower; the president 
of the colledge, Mr. John Shearman, Mr. Jonathan Michell, & 
Mr. Thomas Shepheard, or any two of them, to survey such 
copie or coppies, and to prohibitt or allow the same according 



\ 



270 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



to this order ; and in case of non observance of this order, to 
forfeit the presse to the country, & be disabled from vsing any 
such profTession wthin this jurisdiction for the tjme to come; 
provided, this order shall not extend to the obstruction of any 
coppie which this Court shall judge meete to order to be pub- 
lished in print." 4 Records of Mass. (Part II) 141. 

This did not become a part of our law. 

On October 16, 166S, the general court passed the following 
act, which is the foundation of the law in relation to bastardy, 
which has prevailed in New Hampshire to the present time : 

" Whereas there is a lawe provided by this Court for punish- 
ing of fornication, but nothing as yet for the easing of tounes 
where bastards are borne, in regard of the poverty of the parent 
or parents of such children sometimes appearing, nor any rule 
held forth touching the reputed father of a bastard for legall 
conviction, it is therefore ordered, & by this Court declared, 
that wmere any man is legally convicted to be the father of a 
bastard child, he shall be at the care & charge to majnteyne Sc 
bring vp the same, by such assistance of the mother as nature 
requireth, & as the Court from tjme to tjme (according to cir- 
cumstances) shall see meete to order; & in case the father of a 
bastard, by confession or other manifest proofe vpon triall of 
the case, doe not appeare to ye Courts satisfaction, then the man 
charged by the woman to be the father, she continuing constant 
in it, (especially being put vpon the reall discouery of the trueth 
of it in the time of hir travajle,) shall be the reputed father, & 
accordingly be ljable to the charge of maintenance, as aforesajd, 
(though not to other punishment,) notwthstanding his deniall, 
vnless the circumstances of the case & pleas be such, on the 
behalf of the man charged, as that the Court that haue the cog- 
nizance thereof shall see reason to acquitt him, & otheruise dis- 
pose of the chiide & education thereof; provided always, in case 
there be no person accused in ye time of hir travaile, it shall 
not be availeable to abate the conviction of a reputed father, 
any law, custome, or vsage to the contrary notwthstanding." 
4 Records of Mass. (Part 11)393, 394. 

While New Hampshire and Massachusetts were one, the 
criminal code might be termed a Biblical digest as to major 
offences, and a police code as to minor offences, covering almost 



ANNUAL ADDRESS. 



271 



every wrongful act of which human nature is capable, from 
" ante-nuptial defilement," to " taking too much tole." 

By the code of 1646, fifteen offences, to wit, idolatry, witch- 
craft, blasphemy, murder in the first degree, murder in the sec- 
ond degree, poisoning, bestiality, sodomy, adultery, man-steal- 
ing, false witness for the " purpose to take away a man's life," 
conspiracy, rebellion, cursing or smiting of parents by children. 
and being a rebellious son, were punishable with death. After- 
wards other offences were included in this Draconian code. 
Arson, blasphemy by pagans, rape of a child, and treason, were 
made punishable with death. In 1649, rape of a woman above 
ten years was made punishable with death, or some other griev- 
ous punishment. The punishments for violation of the crim- 
inal code were death, imprisonment, banishment, disfranchise- 
ment, servitude, slitting of the nostrils as far as it could be done, 
fine, standing in the pillory, stocks, and in the market-place, 
arrayed in a sheet, with the words, "Cheat," "Drunkard," and 
various others, written in large letters, branded on the forehead 
Or wrought into their garments, or with the scarlet letter "A," 
or Roman letters " P," " R," " D," " F," " B," and many others, 
stitched upon or wrought into their clothing, confinement in 
the bilboes, fastening a cleft stick upon the tongue, sitting upon 
the M lather," with a rope thrown around the gallows. Riding* 
upon the wooden horse till the blood ran, was one of the many 
penalties for military offences ; strappado, or dislocation of the 
joints, was another. 5 Records of Mass. 50. The favorite 
punishment, however, was the "beech seal," — whipping men 
and women upon the naked back from ten to forty blows, and 
until the blood ran. This was generally done in the market or 
other public place. 

A coat of tar and feathers has for centuries been regarded by 
Englishmen and their descendants as a righteous but infamous 
punishment for the brutal conduct of husbands to wives, and for 
shameless social sins. This punishment was first imposed by 
an act passed in the first year of the reign of Richard the First. 
A. D. 11S9. This act provided that any robber found voyaging 
with the crusaders " shall be first shaved, then boiling pitch 
shall be poured upon his head and a cushion of feathers shook 
over it." He was then to be put on shore at the very first place 



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272 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



the vessel came to, no matter how inhospitable it might be. 
There is no evidence that this penalty was ever recognized as 
legal by the early colonists, perhaps because it had no warrant 
in the Jewish law. 

The third period extends from the time of the Cutt commis- 
sion, which lasted about two years and nine months, and under 
which New Hampshire began her provincial life, and until 
after the adoption of the Cranfield code at the November ses- 
sion, 16S2. Up to the latter time, with two possible excep- 
tions, there are no traces of English law, either statutory or 
customary. 

The Cutt commission passed the great seal September 18, 
1679, and was delivered to the president and council named 
therein on January 1, 16S0. On January 14, 16S0, the com- 
mission was duly read by the president. Policy prevailed by 
major vote, and on January 21, 16S0, after great consideration, 
the commissioners were duly sworn in, and the new govern- 
ment went into operation. 

On January 22, 16S0, after due notice, the people convened, 
and the commission was read to them at Portsmouth. Due 
proclamation was then made, and an order was sent to each of 
the towns, requiring all officers, civil and military, to attend to 
the duties with which they had been intrusted until further order. 

On February 4, 16S0, the selectmen of these four towns were 
required to return to the council, by February 16, 16S0, "A 
list of the names and estates of their respective inhabitants." 

On February 16, 16S0, the president and council provided 
for the abatement of the taxes of persons "aggrieved" by the 
war tax, by " overrating or otherwise respecting to that con- 
cern," and made the first check-list in New Hampshire for the 
town-meetings to be held on March 1, 1680, at nine a. m., for 
the choice of deputies, or, as we should say, representatives to 
the general assembly to be held at Portsmouth, March 16, 16S0, 
at nine a. m. 

The royal commission gave the president and council the 
arbitrary power " to judge and determine what persons " should 
be allowed to vote, and they did so order. It is notorious that 
this arbitrary tendency of check-list boards in New Hampshire 



ANNUAL ADDRESS. 



273 



has been very marked down to the present day. This check- 
list shows that Portsmouth had 71, Dover 61, Hampton 57, and 
Exeter 20, in all, 209 qualified voters, which, at the average 
rate at the present time, in rural towns, would make the entire 
population of New Hampshire, on February 16, 1680, about 700. 

The legislative session began March 16, 16S0, and was after- 
wards, on April 1, adjourned to June 7, 16S0, and about June 
10 was adjourned to October 12, 16S0, when Richard Martin, 
Esq., Samuel Dudley, Seaborne Cotton, and Elias Stileman 
were chosen a committee " for the drawing up all the laws 
made by this assembly as near as may be according to the laws 
of England and will suit with the constitution of this province." 
The return of the committee was put on file, and the assembly 
then adjourned to Thursday, December 7, 16S0. 

There probably was never a greater mockery of language 
than this vote. It shows that the council and assembly had 
been passing laws from time to time ; that they had disregarded 
the English practice in framing legislation, and had adopted 
that which had prevailed in Plymouth and the Bay colony. 
The practice in these colonies in this respect had not been 
entirely uniform, but in general they had passed laws and then 
put them into the hands of a committee to be put into form for 
publication. In this way it sometimes happened that the law 
as passed and the law as made by the committee differed mate- 
rially. 

When codes were adopted, a somewhat different practice 
prevailed. The general court gathered together a variety of 
propositions, and sent them out to the churches and towns for 
amendment. These were recast by one of its most learned 
magistrates, who had been trained in the inns of chancery or of 
court, and in this way one or more of the codes in the Bay col- 
ony were adopted. Our code of 16S0, if the Jewish law was 
to be made the basis of our jurisprudence, was in many respects 
a model code. It is simply impossible that it could have em- 
anated from the minds of the committee. It shows upon its 
face the handiwork of some skilled draftsman who was not 
only familiar with jurisprudence in general, but was a master 
of the law and practice in the New England colonies, and par- 
ticularly that of Plymouth. The vote was that the committee 



274 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



should draw np these laws " as near as may be according to 
the laws of England." The 14th section of the Cutt code of 
general laws provided that the former law and practice, both 
in civil and criminal proceedings, should be the "rule" "vntill 
such acts and ordinances as have beene or shall be made by 
this assembly and approved by ye hond presdt and council, may 
be drawne up and legally published." 

The code which they adopted disregarded almost every ves- 
tige of the English law, and substituted for it the Jewish law, 
common and biblical, as modified by the body of liberties and 
the ordinances of Plymouth, with here and there an instalment 
or a trace from Massachusetts, and all modified by the brain of 
the draftsman, whoever he was. 

Cutt and nearly all his officers had been for many years the 
" instrumentalities " by which the Bay colony had governed 
New Hampshire. Their honors and "the flesh pots of Egypt" 
had come from the masters whose servants they were ; and yet 
this code, which assumes to be their handiwork, trampled 
under foot substantially all of the Massachusetts law under 
which they had been reared and with which they were familiar. 



The code may be divided into four parts. The first, after a 
perfumed preamble, sets forth that u it is therefore ordered and 
inacted by this Generall Assembly and the authority thereof, 
that no Act, Imposition, Law or Ordinance be made or imposed 
upon us but such as shall be made by the said Assembly and 
approved by the Presidt and Councill from time to time. That 
Justice and Right be equally and- impshaily administered vnto 
all: not sold, denied or causelessly deferred unto any." 1 
Prov. Papers 3S2, 3S3. 

This was in substance the Plymouth declaration in the pre- 
amble of 1636 intensified. 11 Plymouth Col. Rec. 6. 

For frosty audacity this has hardly a parallel in history. 
The king had created New Hampshire into a province, and 
established its form of government in pursuance of his undoubted 
authority. 

The first code of laws starts out with the proposition that no 
law shall "be made or imposed upon us" except such as are 
enacted by the president and council from time to time. 



ANNUAL ADDRESS. 275 

The second part comprises sixteen capital offences. Of these, 
eleven, — idolatry, blasphemy, treason, wilful murder, man- 
slaughter, murder " through guile," witchcraft, beastiality, bug- 
gery, false witness for the " purpose to take away a man's life," 
and cursing of parents by children, — were punishable with 
death ; while five, — public rebellion, man stealing, being a rebel- 
lious son, rape, and arson, — were punishable with death or some 
other "greivous" punishment, and the same punishment under 
the third part of the code was provided upon the third conviction 
for burglary and robbery, making in all seventeen offences for 
which the death penalty might be imposed. 

The code does not define what is meant by grievous punish- 
ment. The military code of the Bay colony defined it to mean, 
among other things, " disgraceing by casheiring," " the strappa- 
doe, or riding the wooden horse to fetch blood." 5 Records of 
Mass. 50. 

Other punishments were undoubtedly regarded as grievous, 
both by the courts and by the people. 

'The Bay colony, on May 15, 1672, passed a law primarily to 
punish scolding women. It was as follows: 

** Whereas there is no express punishment (by any lawe hith- 
erto established) affixed to the evill practise of sundry persons 
by exhorbitancy of the tongue in rayling & scolding, it is there- 
fore ordered, that all such persons convicted, before any Court 
or magistrate that hath propper cognizance of the case, for rayl- 
ing or scolding, shall be gagged or sett in a ducking stoole & 
dipt ouer head & eares three times, in some convenient place of 
fresh or salt water, as the Court or magistrate shall judge 
meete." 4 Records of Mass. (Part II) 513, 514. 

We have no evidence that this became any part of our cus- 
tomary law. 

The New Hampshire ladies guilty of" exhorbitancy of the 
tongue" at the present day would undoubtedly regard this pun- 
ishment as grievous, though the Massachusetts women of the 
olden time may not. 

The Ctitt code did not treat the erection or maintenance of 
"stews" as a crime ; but on May 15, 1672, the Bay colony did, 
and provided among other things that the offender, upon con- 
viction, should "be severely whipt at the carts tajle, thro the 



276 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



streets where such offenc or offences hath binn comitted, wth 
thirty stripes, & thence to be comitted to the house of correc- 
tion, by the master of the sajd house to be kept wth hard fare 
& hard labour, by dayly taske, and in defect of their duty, to 
be seuerely whipt eury night wth ten stripes, and once at least 
in euery weeke the said baud hir accomplices in such vile 
& sinfuli courses, the baud to be their leader, & the other, two 
& two, in hajre frocks & blew capps, by the executioner to be 
fastned to a hand cart, and forct along to draw all the filth lajd 
vpon the cart thro the streets to the seaside, going to the gal- 
lows in Suffolke, & and in all other countjes where the Court of 
each shire shall appoint, & so returned to the house of correc- 
tion, to be alike kept wth hard fare & labour, according to the 
custome of the house, during the Courts pleasure there to 
remajne." 4 Records of Mass. (Part II) 513. 

Such punishments were certainly severe, and our ancestors 
may have deemed them " greivous." 

The third part comprised 27 criminal laws. Several of these 
relate simply to procedure. As I view it, this code created and 
provided for the punishment of at least 25 crimes, — to wit, adul- 
ter}', fornication, ante-nuptial defilement after contract and 
before marriage, burglary, robbery, larceny of ships, etc., 
attempts at such larceny, larceny of money and other chattels, 
petty larceny, profanity, habitual profanity, profaning the 
Lord's day, contempt of God's word and ministers, forcible 
detainer of possession, conspiracy against the province and 
defamation of its magistrates, forgery of deeds, defacing and 
embezzlement of records, attempt to corrupt officers, lying, 
burning fences, breaking down fences, removing or defacing 
land-marks, unlawful gaming in public houses, playing at 
cards, with dice, or any game in which there is a lottery, 
drunkenness, firing of woods between the first of March and 
the first of May. 

The code did not fuse the crimes of burglary and robbery, 
but affixed the same penalty to both. The offender, for the first 
offence, was to be branded on the right hand with the capital 
letter B. For the second offence, to be branded on the other 
hand and be severely whipped. If committed on the Lord's 
day, the brand was to be set upon his forehead. For the third 



ANNUAL ADDRESS. 



277 



offence, he was to be deemed incorrigible, and, as we have 
seen, be punished with death, or other grievous punishment. 
Larceny of ships, etc., was punished in the discretion of the 
court, but not to the extent of life or limb. Whoever commit- 
ted larceny of money or chattels was compelled to restore three- 
fold to the party wronged, and was then fined or whipped, at 
the discretion of the court. Petty larceny was punished by 
payment of the damage or fine of 40s., by being set in the 
stocks, or whipped not exceeding 10 stripes, or bv receiving 
" only legall admonition," whatever that may have been, in the 
discretion of any member of the council. For swearing, the 
punishment was ioj., but upon default in payment, the offender 
might be committed to the stocks, not exceeding three hours 
nor less than one hour. Where the offender swore 4t more 
oathes than one at a time," etc., the fine was 20s. Swearing at 
man or beast was put on the same basis. In default of pay- 
ment, the offender might be whipped, or committed to prison till 
payment. Profaning the Lord's day " by doeing unnecessary 
servell worke or travell, or by sports or recreations, or by being 
at ordinarys in time of publique worship," was punished by a 
fine of 105., or by whipping ; but if done "proudly or presump- 
tiously, and wth a high hand," the offender was ;i seveariy 
punished," at the discretion of the court. Contempt of God's 
word was punished by fine or corporal punishment in the dis- 
cretion of th^ court, but this did not extend to life or limb. 
Contempt of ministers was fined 205. for the first transgression, 
or to be set in the stocks not exceeding four hours, but for subse- 
quent offences the offenders were fined 40J., or whipped for 
every transgression. Forcible detainer of possession was pun- 
ished by fine, or other punishment, in the discretion of the 
court. Conspiracy against the province was punished by fine, 
imprisonment, binding to the peace, or good behavior, in the 
discretion of the court. Whoever forged deeds was compelled 
to pay the party double damages and be fined a like amount. 
In default of payment he was publicly whipped, and branded 
with the Roman letter F in the forehead. If any notary or offi- 
cer defrauded or embezzled public records, he was punished by 
loss of his office, disfranchisement, and being burned in the 
face. Whoever attempted to corrupt such officers was severely 



278 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



punished by fine, imprisonment, or corporal punishment, in the 
the discretion of the court. 

No punishment was provided for lying, where the person 
was under 16 years of age, but others, if the lie tended to dam- 
age, or was told with wrongful intent, were fined 105.; and if 
they were unable or refused to pay the fine, they were set in 
the stocks, but where the lie was "greatly prnitious to ye com- 
mon weale," the offender was more " sevearly" punished, in 
the discretion of the court. 

If any person wilfully burnt another's fence, he was com- 
pelled to make good the damage, was fined 405., and bound to 
good behavior. 

Whoever wilfully broke down another's fence, gate, or bridge 
was compelled to pay the damage, and fined according to the 
nature of the offence. 

Whoever wilfully removed or defaced any bounds set up by 
lawful authority was fined from 205. to .£5. 

Innholders suffering unlawful games in or about their houses 
were fined 405., and besides, a fine of 10s. was inflicted upon 
each gamester. 

The head of the family who suffered card-playing or other 
games in his house or elsewhere was fined 20s. and each player 
1 OS. 

Whoever fired woods between the first of March and the lat- 
ter end of April was compelled to make good the damage, and 
be fined 10s. or be set in the stocks. 

Whoever was found drunk in any tavern, ordinary, ale-house, 
or elsewhere, was fined for the first offence $s. ; for the second 
offence, 10s., and be set in the stocks not exceeding two hours 
if he should not pay that fine; for the third offence he was to 
be bound to good behavior ; for the fourth offence he was to be 
fined £5 or be publicly whipped, and "• so from time to time." 
The authors of the Cutt code borrowed from Plymouth the fol- 
lowing definition of drunkenness : 

u By drunkenness is to be understood one yt lisps or falters 
in his speach by reason of over much drink, or yt staggers in 
his going, or yt vomits by reason of excessive drinking, or that 
cannot by reason thereof follow his calling." 

The Cranfield code impaired this definition by providing that 



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ANNUAL ADDRESS. 



279 



" whosoever shall drink to excess, so as thereby to disguise 
himself, discovering the same by spech or behavior," should 
be deemed " drunk." 

The Cutt code made that adultery in the betrothed woman 
which would have been so if she were married. In Massachu- 
setts this offence was punished with death, but the Cutt code 
provided that the offender should be whipped " two severall 
times, not exceeding 40 lashes, viz 1 , once when ye Court is sit- 
ting at wch they were convicted of the fact, and ye 2d time as 
the court shall order, and likewise shall ware 2 cappitall letters 
A. D. cut out in cloth and sowed on theire upermost garmts 
on theire arms or back, and if at any time they shall be found 
wthout the said letters so woren whilst in this Governmt, to be 
forthwth taken and publiquely whiped, and so from time to 
time as often they are found not to weare them." 

The Cranfield code fined the offenders 105. apiece, and made 
the same provision in relation to the " scarlet letter," but pro- 
vided further that if the offender " shall appear without the said 
letters, he or she shall be liable to pay a fine of five pounds as 
often as the offender shall be so found." * 

The act of June 14, 1701, treated betrothed women as un- 
married women. It put the man and woman offending on the 
same legal basis, and provided that they should be "severely 
whipped, not exceeding Thirty stripes ; unless it appear upon 
Tryal, that One Party was surprised [whatever that may have 
been], and did not consent, which shall abate the punishment 
as to such party." 3 N. H. Prov. Papers 224. 

It further provided, — 

"And if any Man shall commit Adultery, the Man and Woman 
that shall be convicted of such Crime before His Majesty's Jus- 
tices of the Superiour Court of Judicature, shall be set upon the 
gallows by the space of an Hour, with a Rope about their Necks, 
and the other end cast over the gallows ; and in the way from 
thence to the Common Goal shall be severely whipped, not ex- 
ceeding Forty stripes each ; also every person and persons so 
offending shall forever after wear a Capital Letter A of two 
inches long and proportionable in bigness cut out in Cloth of a 
contrary colour to their cloathes, and sewed upon their upper 
Garments, on the outside of their Arm, or on their back in open 



280 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



view. And if any person or persons having been convicted 
and sentenced for such offence, shall at any time be found with- 
out their Letter so worn, during their abode in this Province, 
they shall by Warrant from a Justice of the Peace, be forth with 
apprehended, and Ordered to be Publickly Whipped, not ex- 
ceeding Fifteen stripes, and so from time to time, toties quoties." 

This act remained in force, and, what is more, was enforced, 
until its repeal, June 20, 1792. 

Many at this day believe that the scarlet letter immortalized 
by the genius of Hawthorne was the creature of his weird and 
powerful imagination. On the contrary, in New Hampshire 
as well as elsewhere, it was a solemn and bitter reality, as the 
following instances show. 

At the August term of the superior court, 1 719, the following 
sentence was passed : 

c * It appearing to this Court that notwithstanding the frequent 
inhibitions & fines that have been inflicted on John Drew & 
Rebecca Cook for their adulterous actions that yet in contempt 
thereof they still proceed in open lewdness wch. is a scandale 
to religion & a palpable breach of his majestys laws. It is 
therefore ordered that the said John Drew do forthwith pay as 
a fine to His Majesty the sum of £20. otherwise that 20 lashes 
be layd on his naked back at the Carts tayle from one end of the 
bank to the other & that the said Rebecca Cook at the same time 
set in the Cart with her face to the Criminal moreover that the 
said Drew "joare the letter A during one year on the outside of 
his coat in open view under the penalty often stripes for such 
defect to be inflicted on him by any of his majestys Justices of 
this Government & so toties quoties from time to time and that 
the said Drew & Rebecca Cook pay all cost & charge." Judge 
Smith's Old Records 293, 294. 

At the superior court, November 13, 1764, Margaret, the wife 
of Samuel Smallcorn or Smallcom was indicted for adultery 
with John Collier, a single man. The following is the record : 

" The said Margaret appearing a prisoner at the bar pleaded 
not guilty to the indictment, upon which a jury being duly 
sworn to try the issue between our sovereign lord the king & 
the prisoner at the bar ; and the attorney for the king & coun- 
sell for the prisoner being fully heard on the evidence the jury 



\ 



ANNUAL ADDRESS. 28 1 

withdraw for trial of the issue, & return into court and say the 
prisoner at the bar is guilty. 

" It is considered that the respondent is guilty. 

44 The court having considered the offence of the respondent, 
do order that the said Margaret shall sit upon the gallows by 
the space of one hour with a rope about her neck & the other 
end cast over the gallows & in the way to the common gaol, 
shall be severely whipped ten stripes, on her naked back & 
shall forever after wear a capital letter, letter A. of two inches 
long & proportionable in bigness cut out in cloth of a contrary 
colour to her cloaths & sewed upon hir upper garment, on the 
outside of hir arm, or on hir back in open view during hir 
abode in this province and pay costs of prosecution taxed at the 
sum of thirty two pounds, fourteen shillings standing committed 
till sentence be performed." 

The record of this conviction gave the husband a divorce. 
The libel was signed " Samuel Smallcorn, by Wm Parker his 
attorney." 

The sentence of her paramour was as follows : 

44 That he be set upon the gallows by the space of i hour 
with a rope around his neck & the other end cast over the gal- 
lows ; & shall during his abode in this province wear a capital 
letter A of 2 inches long & proportionable in bigness cut out in 
cloth of a contrary colour to his cloaths, & sewed upon -Sis 
upper garment on the outside of his arm or on his back in open 
view, & pay a fine of five pounds to His Majesty for the sup- 
port of the government of this province & pay cost of prosecu- 
tion, taxed at the sum of fifteen pounds nine shillings, standing 
committed till sentence be performed." 

The sentence of the man was much lighter than that of the 
woman. Whether this was because he, or the court for him, 
set up in mitigation the plea of the puissant Adam in the Gar- 
den of Eden, or for some other reason, the record does not 
disclose. 

By the Cutt code simple fornication was punished by enjoin- 
ing marriage, or fine, or corporal punishment, or all or any of 
these in the discretion of the court. But where this was after 
contract and before marriage, each party was fined 50 shillings, 
and in default thereof was whipped, and might be imprisoned at 



282 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



the discretion of the court. The distinction between the two was 
preserved by section 3 of the Cranfield code, but was probably 
repealed by implication by section 4 of the act of June 14, 1701, 
which remained in force until June 20, 1792. But it was so 
thoroughly engraven in the minds of the court and people that 
it was recognized in fact as late as 1727 under the head of 
•" ante-nuptial defilement." This is abundantly shown by Judge 
Smith's Old Records, by the fragmentary records of the court 
of sessions, by the papers in the files of the old court of appeals 
-at the state-house, and by the musty volumes of church records. 

The pith of the provision in the Cutt code in relation to lying 
was affirmed by section 8 of the Cranfield code, and, with some 
modification as to age, was reaffirmed by section 6 of the act of 
June 14, 1 701, and remained in force until it was repealed by 
the act of June 20, 1792. 

There were other radical differences between the criminal 
laws of New Hampshire and Massachusetts. 

The Bay colony sometimes put sinners and those who pro- 
fessed to be saints on the same basis. In Massachusetts they 
hung witches whether they professed Christianity or not, but 
the Cutt code limited the punishment to " any Christian, soe 
called." 

The Bay colony punished rebellion with death; the Cutt 
code, with death or some other grievous punishment. 

The Bay colony punished blasphemers whether they pro- 
fessed Christianity or not, but the Cutt code only those u pro- 
fessing ye true God." 

Although almost the entire criminal code of 16S0 was taken 
from the laws of Plymouth, the framers of the Cutt code did 
not transcribe everything bodily. 

Strange as it may seem, as early as 1654 the "benefit of 
clergy," by which whoever could write upon being burned in 
the hand was set free, was recognized by the authorities of the* 
Plymouth colony. In that year Robert Latham, convicted of 
manslaughter, was burned in the hand. 3 Plymouth Records 

73- 

New Hampshire took many things from Plymouth. Whether 

she took that mockery of reason and relic of barbarism, the bene- 
fit of clergy, from Plymouth or from some other source, is as 



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ANNUAL ADDRESS. 



283 



yet unknown. Soon after the division into counties, a son slew 
his father in the town of.Hollis. He was indicted, arraigned 
before the four judges of the highest court, pleaded his clergy, 
was burnt in the hand, and went out of court a free man. The 
burning, as a rule, was so slight, that it was, if possible, a 
greater farce than such a plea. 

On December 25, 1775, John Patten, of Chester, struck my 
great grandfather, Thomas Shirley, with the heel of an old 
scythe, whereof he died, in charge of Dr. Wood, of London- 
derry, February 1, 1776. Patten was indicted for manslaugh- 
ter, tried at the September term, 1776, was convicted, and, 
upon claiming his clergy, was burned so slightly in the hand, 
that although he had a physician present for that purpose, Pat- 
ten had no occasion for his services, and went out of court a 
free man. 

The fourth part, which may be termed the civil code, com- 
prising forty-five laws, occupies more space than all the rest. It 
provides for confirming grants in townships ; that controversies 
in respect to real estate shall be determined by a jury of twelve 
men, chosen by the freemen of each town ; that contracts shall 
be paid in kind, as " bargained for ; " that horses going at large 
shall be branded, and shall be clogged or fettered at certain 
seasons ; for the establishment of courts ; that all trials shall be 
by jury ; that jurors may be challenged for good cause ; that in 
matters of life and death the prisoner shall have six or eight 
peremptory challenges ; that any member of the council may 
join persons in marriage ; that parties before marriage shall be 
three times published. 

It further provides for the making of rates for the taking and 
equalization of inventories ; that a list of males sixteen years of 
age and upwards, and valuation of their estates, shall be taken. 
It provides that a bounty shall be paid for killing wolves; that 
the former law r s shall govern till new ones are passed and pub- 
lished; that if constables fail to collect the taxes, they shall pay 
them out of their own estates; that whosoever refuses to pay 
his taxes or to expose property to the constable, may, for his 
default, be imprisoned till he pays or furnishes good security. 
It fixes the marshal's fees for poundage and otherwise ; pro- 
vides that he shall collect the fines ; may require assistance 



284 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



upon demand, make levies, and take the person in default of 
property. 

It further provides that fines shall be paid forthwith ; that nei- 
ther judges nor jurors shall sit in civil causes, who are nearly re- 
lated to either party ; that except for capital crimes or contempt 
in open court, no person before sentence shall be imprisoned who 
will give sufficient bail. It provides for the service of process by 
summons or copy, &c. ; that the freemen of each town shall choose 
all officers, jurors, etc., and shall regulate town affairs; that 
towns may choose prudential officers ; that no person shall cast 
ballast into rivers or harbors ; that no person under twenty-one 
years of age can convey his real estate or sue in his own name, 
but may choose guardians at the age of fourteen ; that parents 
and masters may prosecute or defend the rights of children or 
servants, and that in all criminal proceedings any person may 
complain to any court, member of the council, or grand jury- 
man ; that attachments may be granted by any member of the 
council or clerk of "ye writs ;" that the summons and attachment 
shall be served six days before court ; that the cause of action 
shall be briefly described, and the capacity in which the plain- 
tiff sueth ; that if the plaintiff or defendant fail to appear, he 
may be defaulted or nonsuited, as the case may be ; that the 
attachment shall be held good against the defendant and his 
surety for one month after judgment ; that no marshal or con- 
stable shall take as bail one who is not a settled inhabitant, and 
has a " visible Estate to be Responsible ; " that a judgment may 
be acknowledged by any party before two of the council, &c. ; 
that any person presented who fails to appear may be treated as 
in contempt ; that any plaintiff may withdraw his action before 
the verdict upon payment of the full cost; that any person may 
be punished who harasses another with vexatious suits or com- 
plaints ; that all parties may review any suit as a matter of 
right, three times; that innkeepers shall sell no strong drink to 
servants or children, without leave of the parents or masters. 
It further provides that any person who resides in town three 
months without being warned out, shall have a settlement there ; 
that paupers sent from one town into another shall be at the 
charge of the town from which they were sent; that no person 
can bring in or entertain strangers from without the province 



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ANNUAL ADDRESS. 



285 



without leave ; that constables shall warn all freemen's meet- 
ings to choose deputies; and that twenty shillings in money 
shall be paid for the entry of appeals from the quarter courts. 

The Cutt commission makes the following provision in rela- 
tion to religious liberty : 

"We do hereby require and comand yt liberty of conscience 
shall be allowed unto all protestants ; yt such especially as shall 
be conformable to ye rites of ye Church of Engd shall be partic- 
ularly countenanced and encouraged." The Cranfield andAn- 
dros commissions put the word "will" before ''require," but 
make no other change. 

This royal command deprived the Catholic of religious lib- 
erty in New Hampshire. Following the mandate of the king, 
the Cutt code provided, — 

" Yt all Englishmen, being Protestants, yt are settled Inhab- 
itants and freeholders in any towne of this Province, of ye age 
of 24 years, not viceous in life but of honest and good conver- 
sation, and such as have £20. Rateable estate wthout heads of 
persons having also taken the oath of allegiance to his Majs, 
and no others shall be admitted to ye liberty of being freemen 
of this Province, and to give theire votes for the choice of Depu- 
ties for the Generall Assembly, Constables, Selectmen, Jurors and 
other officers and concernes in ye townes where they dwell." 

To these mandates in the commissions and those in relation 
to taking the oath against Popish recusants, and for adjuration 
and supremacy, and the sentiment engendered thereby, we are 
probably much more indebted for the provision expunged from 
our constitution by the people in 1S77, which prohibited Cath- 
olics from holding certain public offices, than from any fear of 
French invasion or the other reasons usually assigned for it. 

The fact that this provision was from the outset treated as a 
dead letter, even in the most exciting partisan contests, shows 
how little support it had among the great mass of fair-minded 
and right-thinking people. 

The property qualification originated in the same way, and 
shared the same fate, about twenty-five years earlier. 

The mandate of the Cutt commission was as follows: 

"And our will and pleasure is, and we do hereby declare, 
ordain, and grant, that all and every such Acts, Laws and ordi- 



286 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



nances,, as shall from time to time be made in and by such 
general Assembly or Assemblies, shall be first approved and 
allowed by the Pres. and Councell for the time being, and, 
thereupon shall stand and be in force untill ye pleasure of us, 
our heirs and successors, shall be known, whether ye same Laws 
and ordinances shall receive any change or confirmation or be 
totally disallowed and discharged. 

"And therefore, our will and pleasure is, that ye Pres. and 
Councell do, and shall from time to time transmit and send over 
unto us, our heirs and successors, and our and their Privie Coun- 
cell for the time being, all and every such Acts, Laws and Ordi- 
nances, by the first ship yt shall depart thence for Engd, after 
their making." 

That of the Cranfield commission was, — 

" That all such laws, statutes and ordinances, of what nature 
and kind soever, be within three months or sooner after the 
making of the same, transmitted unto us, under the public seal, 
for our allowance and approbation of them, as also duplicate 
thereof, by the next conveyance, and in case all or any of them, 
being not before confirmed by us, shall at any time be dis- 
allowed and not approved and so signified by us, our heirs and 
successors under our or their sign manual and signet, or by or- 
der of our or their privy council unto you, the said Edward 
Cranfield, or to the Commander-in-Chief of our said Province 
for the time being, then such or so many of them as shall be 
so disallowed and not approved shall from henceforth cease, 
determine and be utterly void and of none effect, any thing to 
the contrary notwithstanding." 

The question has been mooted under this and other commis- 
sions, whether the king had power to disallow after an allow- 
ance. We have Judge Smith's views upon this point, but as 
the evidence now stands, the point is probably immaterial. 

Cutt, sick, infirm, and incompetent, was but a figure-head 
from the outset. He died March 27, 1683. The Bay colony, 
in the person of Waldron, took his place and retained his power, 
until Cranfield seized the reins on October 4, 16S2. 

The Cutt code made no special provision for the election of 
deputies for future assemblies, nor for convening the same. The 
governor and council, in their act for calling the first general 



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assembly, expressly disclaimed any such power as to the future, 
saying, " provided that we do not intend that what is now done 
be precedential for the future, and that it shall extend no farther 
than to the calling this first assembly, that they, being convened, 
may, as his majesty's letters patents direct, make such laws and 
constitutions in this and other respects as may best conduce to 
the weal of the whole." Records of the President and Coun- 
cil 2. 

The assembly seems to have been in session, and to have 
passed an act in relation to rates, March 7, 16S2. Whether 
this was by adjournment from the December session, 1680, or, 
if it was a new body, by what means it got into existence, are 
matters upon which we have no light; but it has never been 
suggested that any other laws were passed under the Cutt com- 
mission. 

That copies of the Cutt code were transmitted in accordance 
with the royal command is not open to doubt, but the grave 
question of great importance, as bearing upon the subsequent 
history of the province, remains, whether the code was disal- 
lowed by the king, and due notice given to the authorities and 
the people here. This question can only be settled by an ex- 
amination of the papers in the proper office in London, which 
should be done by and at the expense of the state. 

Strange as it may seem, there is not a particle of direct evi- 
dence upon this point in the archives of the state, nor, so far as 
known, anywhere else in the United States. 

Those who claim that the code was disallowed in a body, say 
that Mr. Chalmers, referring to the acts of the assembly under 
the Cutt commission, says, — 

11 They passed no laws during this first session of the assem- 
bly ; they opposed all appeals from the courts of the colony to 
the jurisdiction of England ; giving as a reason ; that the short- 
ness of the summer had prevented them from doing the one, 
and they were afraid that the other might obstruct justice. 
When, however, they did some time after essay their legislative 
talents, they had not the good fortune to please. The laws 
which they transmitted in conformity to their constitution, were 
disapproved by the lords of the committee of plantations in De- 
cember, 16S1 4 both as to stile and matter,' because they were 



288 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



considered * as unequal, incongruous, and absurd.' " Political 
Annals of the Present United Colonies from their Settlement to 
the Peace of 1763, 492. 

They further say, that Chalmers, though born in Scotland, 
was a collegiate, and bred to the law there ; that he emigrated 
to Maryland, and practised law in the colonial courts for ten 
years, and therefore had special opportunity for a general 
familiarity with our colonial laws ; that after he returned to 
Great Britain he had access to all the records of the lords' com- 
mittee on plantations, and was therefore in a situation, possessed 
by no writer on this side of the water, to know the truth ; that 
his work shows great patience and diligent research, and there- 
fore his statement must be taken to be correct. 

They further say that the statement in the first article on New 
Hampshire Law and its Sources, in our Historical Magazine, 
in the July number for 1S24, p. 203, supposed to be from the 
pen of Governor Plumer, contains a correct statement of the 
traditions upon the subject. It is as follows : 

" New-Hampshire was separated from Massachusetts (much 
against the inclination of its inhabitants) by the royal procla- 
mation, in 1679, and had a legislature of its own in 1680. A 
body of laws was enacted in the course of the first year. It 
seems that these, when sent home for the royal approbation, 
were disallowed in the lump. They were probably copied 
from Massachusetts ; and it is well known that that colony was 
no favorite with the court of that genteel but worthless monarch, 
Charles the II." 

They conclude by saying that no king who possessed any 
spirit would be likely to consent to laws which practically made 
them independent of the home government ; that the prime pur- 
pose of King Charles in creating the province was to enable 
Mason and other favorites to rob the squatters of their lands, 
and enrich themselves at the expense of the colonists, and that 
therefore he could never have been so short-sighted and unwise 
as to consent that these colonists, in direct contravention of the 
English law, should be allowed to elect in town-meeting the 
very jurors who necessarily must decide between his favorites 
and those who were in the same situation as themselves. 

Those who take the contrary view, say that if the statement 



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289 



of Mr. Chalmers is correct, it only showed that the lords' com- 
mittee disapproved of the code, and not that the king in council 
disallowed it ; that if he had done so, official notice thereof 
must have been given through the regular channels to the con- 
stituted authorities here, of which there is not the slightest evi- 
dence ; that Mr. Chalmers was a high tory, a bitter partisan, 
and a political refugee from America at the time of the Revo- 
lution ; that his words show great prejudice towards the colo- 
nists ; that he never was in New England, and had no means 
of knowing about our colonial law ; that Dr. Belknap, in the 
note to the second edition of his great work, showed, to the sat- 
isfaction of all fair-minded men, that Mr. Chalmers had mis- 
stated many facts, either through ignorance of the records and 
other evidence, or by the deliberate use of language which nec- 
essarily misled and deceived ; that Dr. Belknap, who had ac- 
cess to all the original records, recognized these laws, so far as 
they were unmodified by subsequent legislation, as the law of 
the land, and after a careful examination of Mr. Chalmer's 
work, allowed his original statement to stand unchanged; that 
Dr. Farmer, in his edition of Belknap, did the same ; and that 
the same view has been taken by Judges Smith, Bell, and 
other men eminent for their erudition. 

Other considerations would seem pertinent. The Cutt code 
covers between twenty-six and twenty-seven pages, and that of 
Cranfleld a little more than six pages, in the same volume, mak- 
ing a difference of twenty pages. A glance at the contents, as 
well as at the bulk, shows that the latter embraces but a small 
portion of the field occupied by the former. 

By the Cutt code, seventeen offences might be punished with 
death ; by the Cranfleld code, none upon first conviction, and 
only highway robbery and burglary upon the second convic- 
tion. It is hardly credible that in less than two years such a 
revolution could have taken place. 

The Cranfleld commission treats wilful murder as a crime, 
but the Cranfleld code does not. It recognizes as crimes, adul- 
tery, fornication, ante-nuptial defilement after contract and 
before marriage, burglary, robbery, larceny of ships, etc., 
attempts at such larceny, larceny of money and other chattels, 
profanity, lying, drunkenness, profaning the Lord's Day, con- 



S 



290 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



tempt of God's word and ministers, burning fences and remov- 
ing landmarks, and no others ; — and all of these are treated as 
crimes in the Cutt code. At least twenty-seven more offences 
are recognized by the Cutt code than by the Cranfield code. 

The Cranfield code makes swearing a crime, but not treason,, 
rape, murder, arson, perjury, forgery, idolatry, and the like. 
It is questionable, to say the least, whether a major vote for 
such a state of things could be obtained in any state prison or 
lunatic asylum that ever existed. The only escape, however, 
from this conclusion, if the Cutt code was disallowed, would 
seem to be to assume one of three things : — 

I. That the king, in wiping out the entire criminal code, 
intended to reestablish in New Hampshire the Massachusetts 
criminal code, and that such was the result. To this proposi- 
tion are three answers, — 

1. That nothing could have been farther from the king's 
intention, or less likely to have secured his assent. He regarded 
the Bay colony as a hostile province. 

2. It had no such effect us a matter of law. 

3. They were not revived as a matter of fact. 

II. That it had the effect of reestablishing here the entire 
body of the English criminal law, with its endless complexity, 
and thus substituted for the Cutt code another which recognized 
more than one hundred and sixty offences that were punishable 
with death. The answer to this is, — 

1. That as a matter of law, it had no such effect. 

2. That as a matter of fact, no such frightful and atrocious 
code was ever adopted or enforced here. 

3. That the commission recognized the right and the duty of 
the colonists to frame their own laws, subject, of course, to the 
negative of the crown. 

III. That Cranfield and the assembly had either forgotten the 
code passed less than two years before, or that they went to 
work deliberately, either by action or non-action, to recognize 
rape, murder, arson, and the like, as innocent pastimes. 

But the absurdity does not stop here. The Cutt civil code 
occupied over fifteen and the Cranfield about four pages. Por- 
tions of the Cutt civil code, for instance section 23, prohibiting 
near "relations" from sitting as judges or jurors, were tran- 



V 



1 



ANNUAL ADDRESS. 



29I 



scribed from the Plymouth code ; and this was true, with slight 
modifications, in other instances. 

The Cutt code provided that attorneys bringing writs for their 
clients in their own name must set out in the writ the capacity 
in which they sued. This provision was acted upon for years 
after the adoption of the Cranfield code by the very men who 
framed, and whose duty it was to enforce, that code. 

The Cranfield civil code provided that if constables failed to 
collect the taxes, they should pay them out of their own estates ; 
that whoever refused to pay his taxes, or to expose his property 
to the constable, might be imprisoned till he paid or furnished 
good security ; for defraying the present charges for the sup- 
port of ministers of the gospel, necessary expenses of assembly 
men, and those incurred in town affairs ; that selectmen should 
make the taxes, and commit them to the constable. It fixed the 
rate, and provided what should be taken in payment, and fixed 
the value of foreign coins. It provided that jurors should be 
selected by the sheriff'. It reenacted the Cutt code in relation 
to bail, nonsuit and default, and summons and attachments 
It defined the jurisdiction of justices of the peace in civil cases, 
and provided that any person might acknowledge judgment. 

The Cranfield code did not provide for elections of any kind, 
nor by whom town or other meetings should be called, nor that 
any one might be a voter or be elected to office, nor attempt to 
provide any test or qualification for either. It did not provide 
for the tenure of office, nor for the authority or government of 
towns, nor that marriage was allowed or any authority for sol- 
emnizing the same ; — all this had been done by the Cutt code. 
The Cutt code had provided for the t; choice of jurors, assem- 
bly men, trustees, or overseers for the respective towns." Sec- 
tion 21 of the Cranfield code recited these facts, declared "that 
the manner of choice of jurors therein expressed is absolutely 
contrary to the known laws and statutes of the kingdom of 
England," and provided that thereafter jurors should be sum- 
moned and impanelled by the Sheriff' or Marshal, " as it is cus- 
tomary in England, &c." In short, the argument is, that the 
Cranfield legislature, after a law had been disallowed by the 
crown, deliberately repealed that which had no existence, and 
substituted another and a very different one in its place. These 
VOL. ix. 21 



292 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



men all knew that the law had been passed. If it had been 
disallowed, of all men they were the ones who would have 
known it. 

The fourth period was the era of confusion. It began under 
Cranfield early in 16S3, and the province did not emerge from 
it for about thirty-five years. 

It is self-evident that Cranfield came here to serve his own 
and special interests. For a despot at times, he showed com- 
mendable tact ; but the determination of the squatters, and the 
cunning and sullen obstinacy of Waldron and his clique, who 
represented Massachusetts rather than New Hampshire, enraged 
him. Professing to make the province one governed by Eng- 
lish law, he resorted to high-handed and arbitrary measures, 
star-chamber precedents, and often acted in defiance of his com- 
mission. This welded Waldron and the squatters together, 
and made the province solid against him and the royal author- 
ity, and a contemner of the laws and customs of the mother 
country. Though he repeatedly convened and dissolved the 
assembly because of the firmness of the deputies in the lower 
house, but a single law, that against piracy, besides the code 
referred to, was passed during his entire administration. He 
made Randolph attorney-general, Mason, chancellor, Barefoote, 
judge, and filled the other judicial seats with his creatures. 

In Gove's case, instead of causing him to be indicted under 
the Cutt code, or under the common law, if that had existed 
here, at the instigation probably of Randolph, he caused him 
to be indicted for high treason under an ancient British statute 
of questionable application. By a refinement of cruelty, under 
his power to create courts, he compelled Waldron, who was in 
the same category with Gove, except that he had a sounder 
intellect and far greater discretion, to try and sentence the man 
of whom at heart he was a confederate. 

On March 3, 16S3, by decree, he prohibited selectmen from 
calling town-meetings except by leave of the justices of the peace 
in the town, first appointed in New Hampshire by him under 
his commission. 

He finally, in the name of himself and council, constituted 
himself a legislative body, and by decree passed the laws which 
are summarized on page 103 of Farmer's Belknap. 



V 



ANNUAL ADDRESS. 



293 



Charges were first preferred against him in 1684. Charles the 
Second died February 6, 16S5, and his bigoted brother James 
ascended the throne. Hearing was had before the lords' com- 
mittee, on the new charges, on March 10, 1685. The report 
against Cranfield, of March 27, 1685, was approved by the king 
in council, April 8, 16S5. He left the country forever about 
May 15, 1685. Dr. Barefoote took his place, and held it 
until he was superseded by Dudley's commission, May 25, 
1686. 

James the Second, arbitrary and without conscience, plotting 
the subversion of the fundamental institutions of his country 
and the destruction of the rights of free-born Englishmen at 
home, was not likely to exhibit over-tenderness toward liberal- 
ism in the colonies. Accordingly he created the " Dominion 
of New England," excluded the people from any share in the 
government thereof, constituted a president and council, and 
vested in them the entire executive and legislative authority, 
and vested in them, or in the members of the council sitting at 
the county court, substantially the entire judicial power, both 
original and appellate. John Hincks was the only member of 
the council who resided in New Hampshire. 

On June 10, 16S6, the president and council, by a general 
order, provided that county courts should be held at Great 
Island on the first Tuesday of October, and at Portsmouth on 
the first Tuesday of April, in each year ; that the president and 
council at Boston should be the superior court of general assize 
and the court of appeals for the whole dominion ; that in gen- 
eral all writs should be directed to the provost marshal, county 
marshal, or their deputies, " shall be served 14 days before the 
sitting of the said court," and that the declaration of the plain- 
tiff should be filed seven days before the session ; that no deed 
should be recorded unless acknowledged before the president 
or some member of his council; that the president should ap- 
point all judges of probate and clerks ; that no man could plead 
before any court except in person, or by such sworn attorneys 
as the various tribunals might allow ; that no affidavit out of 
court could be taken except before some member of the coun- 
cil ; and that the marshal, with the assistance of an appointed 
justice, should " prick the panel or panels for the grand or petty 



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294 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



jurors," and provided a few regulations in relation to former 
judgments, births, burials, marriages, and licenses for the sale 
of " strong waters." 

By a general order, the former bounds of townships, and all 
contracts between towns and their ministers, schoolmasters, 
and others, were confirmed. All votes for the raising of money 
by towns were required to be endorsed by two of the next jus- 
tices of the peace or one of the members of the council. Pro- 
vision was also made for the collection of taxes, " and that each 
town have the- same liberty and power of choosing and instruct- 
ing their selectmen, constables, and other officers for the man- 
agement of their own affairs, as they have used and exercised ; 
and all such elections to be made by the freeholders in every 
town." 

Dudley failed to meet the expectations of Randolph, and his 
commission and government were superseded by the commis- 
sion and government of Andros. 

Andros arrived in Boston in December, 16S6, and the first 
meeting of the governor and council was held on December 30, 
1686. This commission, like the other, excluded the people 
from all share in the government. The laws or decrees enacted 
by the governor and council during the "usurpation" are to 
be found in the third volume of the Colonial Records of Con- 
necticut. None of these had any special application, or were 
of exceptional importance, to New Hampshire. 

What the people of New Hampshire justly complained of 
was, not these laws, but that they were excluded from all share 
in the government, and were ruled by a petty despot and a hos- 
tile cabal, without regard to any law. Dr. Belknap (Farmer's 
Belknap 119, 120) has not stated the misrule and oppression 
under which we suffered during the time of Andros too strongly. 
Their position may be summed up in a single sentence. No- 
body had any rights except at the will of the Andros cabal. 

The British revolution of 16SS, which dethroned the fugitive 
James, came to their relief. On April iS, 16S9, the people of 
Boston revolted, drove Andros and his minions from power, 
and imprisoned them. This left New Hampshire and Massa- 
chusetts without any lawful government. For about two thirds 
of a year New Hampshire had no recognized central authority, 



ANNUAL ADDRESS. 



295 



but the towns and township system remained, and through 
these the people governed themselves. 

Early in 1690, they crept nominally under the wing of the 
revolutionary government of Massachusetts, but, for all general 
and practical purposes, were a law unto themselves. 

This state of things continued until the governmental machin- 
ery of the province was put in operation, under the commission 
.and instructions of Allen, and the administration of his son-in- 
law, Lieutenant-Governor John Usher, on August 13, 1692. 
As might have been expected, these gave liberty of conscience 
to all but Papists. Aside from this they were in general fair 
enough to the province, for they theoretically, at least, restored 
the right of the freeholders through the assembly to govern the 
people, subject only to negative of the crown or its representa- 
tive. But Allen and Usher were but another name for Ma- 
son, and, so far as was practicable under the commission, 
another master for the people had been substituted for Andros. 

On the first Tuesday of October, 1692, the first lawful assem- 
bly in this province met since that which, under Cranfield, 
passed the law " punishing privateers and pirates," July 22, 
1684, a period of between eight and nine years. 

The province had been reduced to sore straits indeed. In 
less than eight years one king had died, another had been de- 
throned, and another installed in his place. No two of these 
had the same general policy, and that of James and that of 
William were as far apart as the poles. These changes of pol- 
icy affected not only the mother country, but the Continent, and 
particularly France, and through the latter the Canadas, and 
the Indian tribes who hovered by day and by night on the fron- 
tier settlements. 

The Prince of Orange came to the throne through what was 
practically a civil war, and the powers of that great statesman 
were taxed to their utmost to arrest insurrection at home and 
foreign complications abroad, and so for many years he was 
unable to give any real attention to the situation of the colonies. 

For nearly ten years there had been a constant change in the 
political succession in this province. Governors, lieutenant- 
governors, deputy-governors, and other officials, came and 
went. From early in 16S3 t0 tne Andros revolution the peo- 



t 



296 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



pie here had neither civil nor political rights. For months after 
the revolution there was no government. Then the people, 
without the pale of law, through an irregular assembly created 
the form of one, and then they crept under the nominal protec- 
tion of the insurrectionary umbrella of the Bay colony. The 
rifle, the fagot, the tomahawk, and the scalping-knife of the 
red man, had kept the people in constant alarm. They were at 
times given over to slaughter, pillage, and flames. They had 
been harassed and impoverished. Trade and business were 
practically paralyzed. Some of the former laws in which they 
had believed had fallen into disuse, and others had been prac- 
tically suppressed, and arbitrary regulations had taken their 
place. 

By the act of March 17, 16S7, the usurpation had practically 
reenacted the order of Cranfield in relation to town-meetings. 
By a provision in the act of March 3, 1686, it had provided for 
the establishment of a court of chancery in this province, and 
had also reenacted the provision of the early ordinance of Mas- 
sachusetts, before referred to, providing that declarations should 
be filed in courts of law seven days before the term. The 
people here, irritated, sullen, and obstinate, gave no sign, and 
these laws, as well as others, went unheeded. Usher, a tool of 
Andros, narrow, bigoted, and ignorant, with the mind of a pea- 
cock, but endowed with the single faculty of making money, 
was made governor, and occasionally strayed over the line from 
Massachusetts for the purpose of scolding the people and their 
representatives, and of impressing them with the importance of 
so exalted a person. But from this hour to the advent of Went- 
worth, in December, 171 7, notwithstanding the constant changes 
of officials, the people were bent upon reviving their former 
laws and customs, and reasserting, to some extent at least, the 
right to govern themselves, of which they had been deprived. 

From first to last the lower house invariably stood firm, and 
the puppets and despots who occupied the seats of the governor 
could not, as a rule, control, without suspension or expulsion, 
the strong men who represented the interests of the people in 
the council. One of the first steps taken by the first assembly 
was to restore the form of swearing by the uplifted hand (in- 
stead of the English practice by the book) which had prevailed 



ANNUAL ADDRESS. 297 

here without question until the arbitrary mandates of Cranfield, 
Barefoote, and Andros. This act or ordinance is to be found 
in the printed records, but not among the fifty-eight laws of the 
third volume of the provincial papers. Thirty-one laws are to 
be found which are commonly reputed to have been passed 
prior to 1696. These are, in general, fragmentary, but a poor 
substitute for a comprehensive code, and, it is apparent, were 
largely framed as a consequence of particular emergencies. 
The records of the council and assembly show that quite a num- 
ber of laws were passed not included in this list, and quite as 
important in their character. No reason has ever been given, 
so far as known, why one set was published and the other not. 
Whether any of these were allowed or disallowed by the crown 
is more than debatable. Upon this point there would seem to 
be no evidence this side of the water. 

At the November session, 1695, the lieutenant-governor pro- 
posed to the assembly, — 

u< Having at your first sitting proposed for raising of money 
for passing of yor laws in England, least by reason of want of 
due application your laws be rejected ; desire your answer to 
the same/ ^ 

" The assembly answered, ^hey had considered what pro- 
posed ; but find the province was not capable to raise more 
money at present." 3 Prov. Papers (Part II) 36. 

Probably owing to the expense, and because they did not 
want to be intermeddled with, no laws apparently were sent to 
the home government for the assent or disallowance of the 
crown until June 13, 169S, when it is apparent from the record 
that some laws, together with the minutes of the council, were 
sent to England. The proper authorities there were the law 
officers of the crown, whose special duty it was to pass upon 
the propriety or impropriety of all provincial legislation. The 
board comprised some of the ablest men legally and otherwise 
in the royal service. Yet as late as October 9, 1700, we find 
Pollexfen and his eminent associates advising the lords justices 
in respect to laws passed in New Hampshire at August session 
1699, that they " cannot make a perfect Report (because of the 
confusion and uncertain state of the former Acts of that Prov- 
ince) until we receive a complete and authentic collection of the 



298 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



whole, which has accordingly been required." 2 Prov. Papers 

33 2 - 

Whether this record of preexisting laws was furnished or not 

is a subject upon which we have no light. It is worthy of note 
that two laws passed in 1714 were disallowed, but that in 
neither case was the disallowance signified to the authorities 
here till 1769, a space of fifty-five years. N. H. Laws, ed. 1771, 
pp. 36, 42. How many similar cases there are we do not know. 

The published laws from 1692 to 1696 were the following: 

An act for the support of the government ; in relation to pru- 
dential affairs of towns; defraying public charges; regulating 
weights and measures ; allowance to representatives ; shipping 
horses without entry ; lawsuits above twenty pounds ; regulat- 
ing cattle, corn-fields, and fences; settling the militia; estab- 
lishing courts ; killing of wolves ; to prevent the profanation 01 
the Lord's day ; for constables to collect rates ; for raising money 
to support the government in repairing fortifications, etc. ; for 
maintenance and supply of the ministry ; for settling a post- 
office ; an additional act relating to corn-fields and fences ; con- 
cerning marriages, births, and burials ; to ease people that are 
scrupulous in swearing; to pay for copies of the laws; to pre- 
vent concealing of estates from assessors ; raising money for 
support of government in repairing fortifications, and making 
provision for soldiers ; to compel constables to do their duty in 
collecting rates ; for settling and distributing of intestate estates 
and such as prove insolvent; renewing and continuing an act 
for the establishment of a revenue; for the encouragement of 
the post-office ; in relation to the acknowledgment of deeds ; 
against gaming ; altering the sessions of the supreme court ; 
restraining inhuman severities ; and to prevent seamen from 
neglecting their duty. 

The act of October 21, 1693, in relation to the settling of in- 
solvent estates, is in its essential features what the law now is. 
It is not, however, included in the Russell edition. 

The act for establishing courts of judicature was necessarily 
based upon the assumption that none existed ; that those crea- 
ted by the usurpation and since had passed away with the state 
of things that gave them existence. Like that under the usurpa- 
tion, it provided for a court of chancery, but apparently none 






ANNUAL ADDRESS. 



299 



was created. Whether this act ceased to exist with the advent 
of Belmont, under his commission, is not clear; but if not, the 
subject-matter was so fully revised by the act of August 17, 1699, 
that it must be deemed to have been repealed by implication. 
The act in relation to town officers savored of that under the 
usurpation. The provision against lawsuits above twenty 
pounds shows very distinctly the depressed condition of the 
province. 

The year 1696 constitutes an era in our provincial legislation. 
It is almost self-evident, that, with a few exceptions, no human 
being in 1692 knew or now knows what former laws were still 
in force. The first laws put in print were those of 1704. On 
December 3, 1715, a committee was appointed u to supervise 
ye laws of this Province, & collect them into a body to be 
printed." The result of this is what is known as the Russell 
edition of the Province Laws of 1716, comprising about sixty 
pages. To this edition additions were made till 1726, when it 
comprised one hundred and sixty-three pages. It is impossible 
now to tell whether they rejected all the laws passed prior to 
1696 upon the ground of economy in space and money, or be- 
cause they had expired by their own limitation, or had worn 
out or ceased to exist, or because their commission operated 
as a repealing act, and swept out of existence all preexisting 
statutes. There probably has never been a question on which 
able men, and especially jurists, have so differed as upon this, 
and the consequences of this darkness have been grievously felt 
upon the great questions which have agitated the court during 
the last ten years. 

The edition of 1771 is based upon the Russell edition. It 
excluded only seven laws of that edition and its appendix. 

In 1696 at least six laws were passed, to wit, an act in rela- 
tion to administering the oaths to all male persons sixteen years 
old and upwards ; for the payment of the care of wounded sol- 
diers ; for settling a ferry ; for the continuance of the law about 
post; for reviving and continuing the impost and excise; and 
for raising 600 pounds for payment and subsistence for soldiers. 
None of these except the first appear in Russell. 

In 1697 at least nine laws were passed, to wit, an act to pre- 
vent damages by horses ; for raising 650 pounds subsistence, 



3°° 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



and pay of soldiers ; in relation to excise ; in relation to records ; 
for allowing more houses of entertainment ; in relation to the 
prison ; for raising 300 pounds to defray the charge of the prov- 
ince ; for continuing the impost and excise, &c, and in rela- 
tion to trespasses in cutting down trees, &c. Of these only the 
first is to be found in Russell. This act was really a substitute 
for, or a reenactment of, the substance of section 4 of the Cutt 
code of civil laws. 

In 1698 at least six acts were passed, to wit, an act for rais- 
ing 400 pounds towards the province charge ; for regulating offi- 
cers' fees ; in relation to highways ; in relation to constables ; 
in relation to births, burials, and marriages ; and in relation to 
courts. None of these are to be found in Russell. 

In 1699 at least five acts were passed, to wit, an act to re- 
turn able and sufficient jurors to serve in the several courts of 
justice, and to regulate the election of representatives ; for estab- 
lishing courts of justice ; for a tax or assessment of 500 pounds ; 
for punishing pirates and privateers ; and in relation to excise, 
impost, and powder money, or tonnage of shipping. Only the 
first two of these are to be found in Russell. 

The act establishing courts of justice has already been com- 
mented upon. An earnest attempt was made to restore that 
part of the provision in the Cutt code providing that jurors 
should be chosen in town-meeting. The governor opposed it 
for the reasons assigned in the Cranfield code, and in conse- 
quence the new law in that respect was but a reenactment of 
the Cranfield code. 

No one could sit as a juror unless he had an estate of freehold 
worth forty shillings per annum at least, or fifty pounds ster- 
ling in personal estate. Neither the Cutt nor the Cranfield code 
had prescribed any property qualification for jurors, but by the 
last section of the act of March 3, 16S6, no person could be 
returned as juror unless " worth in real or personal estate to 
the value of fifty marks." The Cutt code had prescribed tests 
as to age and property for electors of members of the assembly. 
Whether these tests had been observed in all subsequent elec- 
tions of assembly-men, it is impossible to determine on any evi- 
dence this side of the water. But this act of 1699 provided that 
no person other than freeholders of the value or income of forty 



ANNUAL ADDRESS. 3OI 

shillings per annum, or upwards, in land, or worth fifty pounds 
sterling, at the least, in personal estate, 4t should be capable of 
being elected to serve in the general assembly." Whether the 
framers intended that the Cutt code and this statute should be 
construed together, or that the Cutt code, or some other law or 
usage should govern as to age, is equally uncertain. It is 
hardly to be presumed that the framers of this legislation 
intended that a child in its mother's arms, because a freeholder, 
etc., might vote, or be elected to the legislature. 

At least two acts were passed in 1700, to wit, an act for the 
better observation and keeping of the Lord's day, and an act for 
settling a ferry. Only the former appears in Russell. Pre- 
cisely what the effect of this act may have been on the act of 
August 5, 1693, is not quite clear. In general, the first may be 
said to have answered to a declaration, and the latter to a bill 
of particulars. The former is a substantial transcript of section 
10 of the Cranfield code. 

In 1 701 at least sixteen laws were passed, to wit, an act to 
prevent impounding of cattle wrongfully : against adultery and 
polygamy ; against trespassing in town commons ; for aiding 
and assisting sheriffs, constables, &c, in executing their office; 
for regulating tanners, curriers, etc. ; for punishing criminal 
offenders ; in relation to recording deeds and conveyances ; for 
regulation of seamen ; for taking affidavits out of court ; for 
regulating trials in civil causes ; for raising three hundred 
pounds? in relation to insolvent estates; for repairing of high- 
ways ; confirming town grants ; for raising 550 for defraying 
public charges ; to prevent contention concerning the bounds 
of towns. Only the first ten of these are to be found in Rus- 
sell. 

Comment has heretofore been made upon the act in relation 
to adultery and polygamy. The act for aiding sheriffs, etc., 
was an amplification of the provision in the Cutt code, but with 
a provision that in the absence of act sheriffs, etc., a justice 
might command assistance for the apprehension of criminals, 
and for the punishment of whoever falsely personated any sher- 
iff or constable. 

The act for punishing criminal offenders provided punish- 
ment for cursing and swearing, drunkenness, theft, fornication, 



302 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



bastardy, for the punishment of riots, breaches of the peace, 
perjury, forgery, lying, and libelling. 

The act for regulating trials in civil causes was in reality 2 
practice act. Of course it was to a considerable extent made 
up of portions of other acts brought together. 

The act in relation to insolvent estates cannot be found. We 
are therefore wholly unable to state its character, or what effect 
it had upon the act of October 21, 1693. 

No record exists, so far as known, of the act for repairing 
highways. 

The acts for confirming town grants, and to prevent conten- 
tion concerning the bounds of towns, were disallowed by the 
royal authority. These were but a substantial reenactment of 
the first section of the Cutt civil code. Other provisions of the 
kind were attempted or made from time to time. They all en- 
countered the strenuous hostility of whoever stood in the stead 
of Mason. The disallowance of these two laws was undoubt- 
edly due to the earnest efforts of the Masonian adherents. 

Three acts, to wit, the powder act, the act in relation to 
assessments, etc., and the act in relation to customs, etc., were 
passed in 1702 ; and in 1703 one in relation to assessments, etc., 
and one in relation to customs, etc., were passed. None of 
these had any special signification, and none of them are in- 
cluded in the Russell edition. 

This brings us down to the time of the printing of the laws 
which became the basis of the Russell edition, and this, as we 
have seen, was made the basis of the edition of 177 1. 

William Parker, Samuel Livermore, Peter Livius, and George 
Jaffrey, were appointed the committee to "collect and print" 
that edition. For those days it was an exceedingly able body, 
but its members were poorly selected with reference to their 
historical knowledge. 

Mr. Jaffrey was neither a jurist, a scholar, nor a man of his- 
torical tastes. Mr. Livius was a gentleman of foreign descent, 
rich and well educated, but who had only been here since early 
in 1765. Livermore was the strong man of the committee. 
He was born in Massachusetts in 1732, was educated in New 
Jersey, and read law with Judge Trowbridge in Massachusetts. 
He came to New Hampshire and was admitted to the bar 



ANNUAL ADDRESS. 303 

about 1757, and established himself in his profession at Ports- 
mouth, in 1758. He was a royal favorite, was made judge of 
the court of admiralty, and became attorney-general about 1769. 
His province lay in another line, and he never had any oppor- 
tunity to become familiar with the early legislation and history 
of the province. Parker was born December 9, 1703, in Ports- 
mouth. He received the rudiments of an education, and at 
fifteen was apprenticed as a tanner. For years he devoted him- 
self to that business. It is said that in 1732 he was admitted to 
the bar. He was afterwards made register of probate and judge 
of admiralty, and in 1771 was made one of the justices of the 
superior court. He was a painstaking man, while he lacked 
the special acquaintance with the history of the early legisla- 
tion in the province and the course of the courts which was 
necessary for the proper discharge of his duties. 

This edition is generally regarded as a standard authority. 
It includes several acts of parliament. If this committee had 
known the history of the law of this province in relation to bills 
and notes, and the practice of the courts in relation to the stat- 
ute of Anne, they would probably never have included it in this 
volume. Although the evidence is scanty, it is clear that this 
inquiry might be prosecuted further. This edition assumes to 
include all the laws in force, but it is at least questionable 
whether this is correct. 

The act of April 5, 169S, for regulating fees, provided, among 
other things, that t; no essoign, protection or wager of law* 
shall be allowed." This act was apparently based upon the 
theory that these barbarous elements of the English law should 
be treated as not in force here without an express prohibition. 
Judge Smith (Old Records 81) has preserved the declaration 
(Theodore Atkinson v. Sampson Sheafe) under this statute. 
The defendant was convicted at the June term of the inferior 
court of pleas, 1699. The declaration sets out at length the 
part of the statute applicable to the same. No such statute ap- 
pears in the Russell edition, and Judge Smith adds the signifi- 
cant note, " The act recited does not appear in Law Book, edn. 
1771." 

The course of litigation for many years after 1696 was mate- 
rially influenced by the semi-kaleidoscopical character of the 
political succession. 



304 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



On June 6, 1696, Usher was removed by the lords' justices, 
and Partridge, a native, was appointed in his place. For a 
time the party in opposition to Usher triumphed, and, through 
the council and its president, practically controlled everything. 
On August 8, 1697, the lords of trade directed Usher to con- 
tinue until Partridge should either qualify himself, or the Earl 
of Bellomont should arrive. On December 13, 1797, Usher 
published these orders in New Hampshire, and prepared to 
resume his authority on the next morning. December 14, 
1797, Partridge took the oaths, published his commission in due 
form, and entered upon the administration of the government. 
On September 15, 1698, Governor Allen assumed the control 
of the government in the province of New Hampshire. On 
November 29, 169S, Usher, after a violent controversy in the 
council, again took his seat as lieutenant-governor. On July 
31, 1699, the Earl of Bellomont arrived here and duly entered 
upon the discharge of the duties of his office. He remained 
here till about August 19, 1699. When he left, Partridge 
resumed his place as lieutenant-governor and acting governor. 
Governor Bellomont died March 5, 1701, and King William on 
March 8, 1702. On July 13, 1702, Queen Anne reappointed 
Joseph Dudley, the former president of the Dominion of New 
England, the governor of New Hampshire and Massachusetts. 

On June 14, 1703, Usher obtained a second commission as 
lieutenant-governor of New Hampshire, and entered upon the 
duties of his office October 22, 1703, and retained his position 
until October 14, 1715, when he was succeeded by Vaughan. 
Allen had died May 5, 1705. Queen Anne had died August 
1, 1714, and George the First was crowned October 14, 1714. 
On October 17, 1 7 16, Governor Shute arrived here, and entered 
upon the discharge of his duties. On September 30, 171 7, 
Shute suspended Vaughan, the lieutenant-governor. The king 
afterwards removed Vaughan, and appointed John Wentworth 
in his stead, who entered upon his duties December 7, 171 7. 

For many years, commencing with 1692, the records show 
that the practice of the assembly was frequently to pass bills, 
and then appoint a committee to draw them up in form for en- 
grossment. This was probably for convenience, and was no 
doubt the foundation of the practice which prevailed so long in 



ANNUAL ADDRESS. 305 

New Hampshire, by which parties were heard before the appro- 
priate committees, and then granted leave to bring in a bill, but 
afterwards, though there is no means of fixing the precise time, 
the English practice was adopted. 

It is well known that for hundreds of years the acts of parlia- 
ment were much easier to be understood than the great mass of 
legislation for many years in the United States. It is equally 
well known to all lawyers here, that in giving construction to 
our modern statutes, the courts resort, wherever it is practica- 
ble, to the statutes passed prior to 1830. In Great Britain the 
sovereign reigns, but does not govern. Politically Great Britain 
is governed by a committee of the house of commons. For all 
general purposes that committee consists of a single person 
known as the prime minister. Whenever the house of com- 
mons differs from its committee on a test question, the latter is 
dissolved. The result is, that the entire public legislation is 
directly or tacitly the work of the ministry. The cabinet not 
only have at their service the attorney-general and solicitor-gen- 
eral, who are selected from among the most eminent of the 
profession, but in addition, an officer known as parliamentary 
counsel, with an efficient staff of assistants. These are not only 
good lawyers, but skilled draftsmen. The result is an approach 
to perfection such as is entirely unknown in this country, even 
in matters of codification. 

In a single state of this Union it is made the duty of the 
attorney-general or his staff to frame any public law upon peti- 
tion therefor by any member who desires iU Beyond this sol- 
itary instance we have no provision for that end in this country. 
It was otherwise for many years in New Hampshire. The 
office of attorney-general was created in 16S2, and has existed 
ever since. The record of the succession is so imperfect for 
many years, that no human being knows who held that office. 
We cannot, therefore, say when the practice first obtained here, 
but as early as 1736 the legislature was in the habit, in all mat- 
ters of a public character, of requiring the attorney-general to 
frame the laws, and paying him specially therefor. This was 
done until after the Revolution. 

Under the rule of the provincial congresses this task was 
generally assigned to special committees, one or more of whose 



306 NEW HAMPSHIRE HISTORICAL SOCIETY. 

members had special skill in such matters. Not unfrequently 
Claggett, or some one else who had been attorney-general, or 
who had acted as his assistant, or who had had special training, 
was a member. 

The edition of 17S0 was supervised by Noah Emery, of 
Exeter, who had been clerk of the lower house and in some of the 
provincial congresses, and was withal a lawyer in active prac- 
tice. Samuel Livermore, who had been attorney-general for 
many years and was the chief-justice, was chairman of the com- 
mittee of the revision of 1784. And John Pickering, who was 
attorney-general in 17S6, and afterwards chief-justice, was chair- 
man of the committee for supervising and printing the edition 
of 1789, known in Judge Smith's papers and among old law- 
yers as the "Horn book." The edition of 1797 was printed 
under the supervision of Nathaniel Adams, long the able and 
experienced clerk of the highest court of the state, and the re- 
porter of the first volume of New Hampshire reports. Judge 
Smith was chairman of the committee of the revision of 1792, 
and collated and arranged the edition of 1S05, and was chair- 
man of the committee that gave to us the excellent edition of 
1815. 

From the time when our legislation was carried on according 
to the course of regular parliamentary procedure, under regular 
constitutional authority, until within about half a century, the 
committee on the second reading of bills practically took the 
place of the ancient practice. For many years the members of 
this committee were selected for their special skill and training 
in such matters, and few fathers would know the paternity of 
their own children after they had passed the ordeal of this com- 
mittee ; but a new era, that of legislative hurly-burly and dark- 
ness, came upon us. As a rule, since then this committee has 
been a figure-head, and its members in general have possessed 
about the same qualifications for their task as a Piute Indian 
would as a translator of Sanscrit. 

Would it not be well to revive our ancient and honored prac- 
tice by legislative enactment or constitutional regulation ? 



ANNUAL ADDRESS. 307 

The views and actions of the fathers in relation to marriage 
and divorce are not only important of themselves, but because 
they have been so generally misunderstood. 

The founders of Plymouth, the Bay colony, and the New 
Hampshire towns, had no tendency to Shakerism. They were 
a marrying people, who believed in homes, marriage, and large 
families, and acted accordingly. They discarded the entire law 
and practice in the mother country, both in church and state, 
upon the subject of marriage and divorce, and substituted there- 
for what was more in harmony with their teachings, more con- 
genial to their tastes, or what was bred by the wants of a novel 
situation. 

The Catholic on the one hand, and the Separatist and Puri- 
tan upon the other, were as far apart as the poles. 

The Catholic faith has its merits. Its corner-stones are few 
and simple, but laid deep in its foundations. It is logical, too : 
concede the premises, and in general the conclusions follow. 
The Catholic said, — The church is from God, its mission is 
therefore divine. Marriage is a divine, not a human institu- 
tion ; therefore what God has joined together, let no man put 
asunder. Marriage, by the divine law, is the union of two per- 
sons of opposite sexes; therefore the monogamic is the only 
lawful relation. Marriage is a sacrament; therefore it is indis- 
soluble, except by the great Head of the church, or his vice- 
gerent on earth. The church is the bride of the priest ; there- 
fore he can wed no other wife. 

The position of the three colonies, if New Hampshire can be 
termed one, was not in all respects identical, but they all agreed 
in certain fundamental principles. The Separatist and the Puri- 
tan said, — The Romish church is from the powers of darkness, 
and the church of England is its illegitimate daughter. Their 
mission is therefore satanic, not divine. Marriage is purely a 
civil, contractual relation, and therefore the parties may marry 
themselves as they may make other contracts ; but, like all other 
civil institutions, this may be regulated by municipal law. It 
should therefore be sanctioned by the civil authority, and for that 
reason the parties may be fined for marrying without that au- 
thority. Divorce is a civil right — the right of redress — which an 
innocent party has against one who has broken his or her cove- 
VOL. ix. 22 



3 o3 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



nant, and therefore a divorce may be decreed in such a case 
wherever the body-politic may deem it expedient, as towns mav 
be divided or blotted out. The clergy are merely elective 
teachers, and therefore, unless invested with the civil authoritv, 
have no more power to give it sanction than other people. 

For this reason, no clergyman or minister, until after Gov- 
ernor Dudley issued his proclamation in 16S6, had any more 
authority to marry, than a hog-reeve, highway surveyor, or 
tithing-man. The Colonial Records abound with instances in 
which the general court appointed one or more persons in each 
town, for the purpose of marrying specified persons, or for 
marrying people in general. 

We must look at their social customs for a moment. One 
was pre-contract, or betrothment. The betrothed woman was 
put, both by law and social custom, one step above the woman 
who was not betrothed, and one step below the woman who 
was married. This was so both as respects the civil and the 
criminal law. Probably out of this custom, which in New 
England took on the form of statutory law, grew the practice 
of " bundling." 

Mrs. Lamb, in her history of the city of New York, Vol. I. 
p. 183, says, — " It had been an ancient custom, of much longer 
standing than the city, to bundle after the publication of the 
banns." The practice led to abuses, and in New York, in 165S, 
an ordinance was passed obliging parties to marry after publica- 
tion, and prohibiting them from living together until legally 
married. I find no evidence of any such law or ordinance in 
New England. The practice prevailed very largely in New 
England, among the rich and the poor, the educated and the 
uneducated, the cultivated and the uncultivated, at an early pe- 
riod, and to some extent as late as the present century. The 
betrothed woman, from the union with Massachusetts until the 
Cranfield code ceased to exist, was sentenced to wear the brand 
of the " scarlet-letter," precisely as if she were married. Where 
the parties were guilty of incontinence with each other after 
pre-contract before marriage, their punishment was in general 
one half, or less than one half, what it would have been had 
there been no betrothment. In other words, while New York 
prohibited " bundling," the New England colonies put a pre- 



ANNUAL ADDRESS. 



309 



mium on it by mitigating the punishment of the incontinence 
which might result from it. 

Plymouth and the Bay colony had from the outset magis- 
trates who could join parties in marriage, and almost from the 
outset had their general courts, in name, to regulate such mat- 
ters by appropriate legislation. Dover and Portsmouth, for 
nearly twenty years, had no central authority. They had no 
ministry in any form, nor any magistrates, except such as might 
be created by any mining hamlet in an unorganized territory, 
or afterwards as the result of forming themselves into societies. 
This, however, did not prevent people either from marrying or 
dying. The result was, that marriage in New Hampshire has 
borne from the outset not only the character of a civil contract, 
but the impress of our township system. 

The question how much, or rather how little, constitutes a 
marriage, has been found exceedingly difficult to determine. 
In Jewell v. Jewell, at the January term, 1843, the supreme 
court of the United States was equally divided upon this ques- 
tion. In Queen v. Millis, in 1844, the six great law lords of 
the house of lords were also equally divided. And yet at this 
time these were the two most eminent judicial tribunals on the 
face of the civilized earth. Perhaps it is owing to our early 
history that we have had no such difficulty in New Hampshire. 
Here, in general, when parties think they are married, and in 
good faith act accordingly, they are married. 

This is in general accord with the theory and practice of the 
Mayflower band. The first marriage was on May 12, 1621. 
It was the marriage of Edward Winslow to Mrs. Susannah 
White, the mother of Peregrine and the widow of William 
White, who had died less than three months before. Of this, 
Governor Bradford (page 101) says, — 

" May 12, was ye first mariage in this place, which, accord- 
ing to ye laudable custome of ye Low-Cuntries, in which they 
had lived, was thought most requisite to be performed by the 
magistrate, as being a civill thing, upon which many questions 
aboute inheritances doe depende, with other things most proper 
to their cognizans, and most consonante to ye Scripturs, Ruth 
4, and no wher found in ye gospell to be layed on ye ministers 
as a part of their office. * This decree or law about mariage 



3io 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



was publishd by ye Stats of ye Low-Cuntries Ano. 1590. That 
those of any religion, after lawfull and open publication, coming 
before ye magistrats, in ye Town or Stat-house, were to be or- 
derly (by them) maried one to another.' Petet's Hist. Fol. 
1029. And this practiss hath continued amongst, not only 
them, but hath been followed by all ye famous churches of 
Christ in these parts to this time, — Ano. 1646." 

Mr. Winslow occupied a very high position in the colony. 
When examined in 1635, before the lord commissioners for the 
plantations in America, by Mr. Morton, among other things,. 
he said, — 

"Then aboute mariage, the which he also confessed, that, 
haveing been called to place of magistracie, he had sometimes 
maried some. And further tould their lordps. yt mariage was 
a civille thinge, & he found no wher in ye word of God yt it 
was tyed to ministrie. Again, they were necessitated so to doe,, 
having for a long time togeather at first no minister ; besids, it 
was no new-thing, for he had been so maried him selfe in Hoi- 
and, by ye magistrats in their Statt-house." Bradford's Hist- 

33°- 

The Separatist — and the Puritan, with the exception more 

apparent than real already stated — accepted the Old Testament 
and the general doctrines of the Jewish law as the law of God. 
In consequence, in Plymouth and the Bay colony, husbands 
and wives, unless from the direst necessity, were not allowed to 
live apart. 

On June 12, 1663, the general court of the Bay colony enacted 
as follows : 

44 In ansr to the petition of Christopher Blake, of Boston, 
taylor, it is ordered, that the prosecution of the lawe against 
him by order of the County Court, for living from his wife, be 
respitted for one whole yeare ensuing, vnlesse anything extraor- 
dinary shall present." 4 Records of Mass. (Part II) 84. 

In Plymouth colony, in 1665, a man was sentenced "for en- 
tertaining the wife of one Tolman and the wife of William 
Tubbs." 4 Plymouth Records 104. 

On May 27, 1674, the general court of the Bay colony enacted 
as follows : 

44 This Court, accounting it their duty by all due meanes to 



i 



ANNUAL ADDRESS. 



3" 



prevent appearance of sinn & wickedness in any kind, doe 
order, that henceforth it shall not be lawfull for any single- 
woman or wife in the absence of hir husband to enterteine or 
lodge any inmate or sojourner with the dislike of the selectmen 
of the toune, or magistrate, or commissioners who may haue 
cognizance thereof, on pcenalty of flue pounds p. weeke, on con- 
viction thereof before any Court or magistrate, or be corporally 
punished, not exceeding ten stripes ; and all constables are to 
take cognizance hereof for information of such cases." 5 Rec- 
ords of Mass. 4. 

These are only a few of many illustrations. 

The Jewish law punished with severity the offence of disobe- 
dience by children of their parents. The colonies did likewise. 
In 1665 John Porter, Jr., was brought to trial for this offence 
in the Bay colony. His acts and language towards his parents 
are set forth at length in 4 Mass. Records (Part II) 216. His 
neck was saved from the hangman, as the record recites, be- 
cause his mother was ci ouermooved by hir tender & motherly 
■affections to forbeare." 

The first law passed under the province of New Hampshire, 
in 1680, provided that — 

" If any man have a rebellious or stubborne son of sufficient 
years and vnderstanding, viz. 16 years of age or upwards, wch 
shall not obey ye voyce of his father or ye voyce of his mother, 
yt when they have chastened him will not hearken unto them, 
then shall his father and mother, being his naturall parents, 
bring him before the Majestrates assembled in court, and testifie 
vnto them that theire son is rebelleous and stubborne, and will 
not obey theire voyce and chastizemt but lives in sundry noto- 
rious crimes, such son shall be put to death or otherwise 
severely punished." 8 N. H. Hist. Collections 12. 

Following the Jewish law, the eldest son (where there was 
no will, &c.) was given a double portion of his father's estate. 
The law of England was not, as most people suppose, uniform 
in matters of distribution and descent. Where primogeniture 
prevailed, the eldest son took the landed estate, and the title, if 
any. Where the custom of Kent was the law, the sons took 
the estate in equal shares to the exclusion of the daughters ; but 
if there were no sons, then the daughters took as coparceners. 



312 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



In the Channel islands all shared equally. Where the law of 
Borough-English prevailed, the youngest son took to the exclu- 
sion of all the other children. 

There was every reason except the scriptural one why the 
custom of Borough-English, absolute or with modifications, 
should have prevailed in New England. Here, by custom, as 
a rule, the older children sought to better their position abroad, 
while the youngest son took, by lodged deeds or otherwise, the 
paternal acres, and cared for his parents in their declining years. 
And yet. despite all this, the Jewish law. to which reference 
has been made, prevailed in New Hampshire until February 
3, 17S9. its repeal, as might have been expected, preceding its 
repeal in Massachusetts. 

The preamble to the act of May 13, 171S, was as follows : 

" Whereas estates in these plantations do consist chiefly of 
Lands, which have been subdued and brought to improvement 
by the Industry and Labour of the Proprietors, with the Assist- 
ance of their Children ; the Younger Children generally having 
been longest and most serviceable unto their Parents in that 
behalf, who have not Personal Estate to give out unto them in 
Portions, or otherwise to recompence their Labour." N. H. 
Laws, ed. 1726. p. 102: Province Laws of Mass. 1692-03 ; 
Acts and Resolves of the Province of Massachusetts Bay, chap. 
14, p. 43. But the act gave the eldest son a double portion, 
according to the Jewish law. In a word, the preamble set out 
that the younger children should be favored, while the body of 
the act provided that the eldest son be favored. This w*as taken 
bodily from the Mass. act of i692-'o,3. Custom and the love 
offairplayon the part of the mover of the act were probably 
overmatched by the Jewish law coming in by way of amend- 
ment. 

The law of England, in a suit for the restitution of conjugal 
rights by the aggrieved party, required husband and wife to live 
together. The courts, upon a proper case, compelled the delin- 
quent partv to return to cohabitation with the other under the 
penalty of imprisonment until the order was complied with. 
The decree in favor of the wife was that her husband should 
receive her back and treat her with conjugal affection. There 
the English courts stopped. They compelled cohabitation, but 



v 



ANNUAL ADDRESS. 313 

not in the sense in which that term is used by Chief-Justice 
Richardson, in the famous Shaker case of Dyer v. Dyer, 5 
N. H. 271. 

But the Scotch and Jewish law were otherwise. In Marion 
Graham's case, where the parties lived in the same house, her 
complaint was that her husband would " not put hir to libertie 
and freedom and adheir, treit and entertein hir at bed and 
buird." The Scottish court ordered him " to adhier as an man 
aught to do to his wyff," and this doctrine was affirmed in a 
Scottish case by the English house of lords. By the common 
law of the Jews, of which the Talmud is the commentary, to 
use the stately language of Gibbon, "the conjugal debt" was 
" scrupulously exacted." One rule was applied to the vigorous 
lout, another to the citizen, another to the peasant, another 
to the camel-driver, another to the sailor ; but the student and 
the doctor were alike free from tribute. 4 Decline and Fall 346. 

The colonists rejected the law of the mother country. On 
October n, 1665, the general court of the Bay colony made the 
following order : 

"In ansr to the petition of Mr. Willjam Tilley, the court, 
bauing heard what he & his wife could say for themselues, 
judge meete to order & enjoyne Mr. Tilley & his wife forthwith 
to liue together as man & wife, that Mr. Tilly provide for hir 
as his wife, & that shee submitt hirselfe to him as she ought, on 
the pcenalty of forty pounds on his part, & imprisonment on 
hirs." 4 Records of Mass. (Part II) 288. 

On October 7, 1678, the general court ordered as follows : 

"In the case now in Court, touching Hugh March, & Dor- 
cas, his wife, the Court, vpon what they have heard alleadged 
by them both in the case, and duely considered thereof, doe 
judge that the sajd March ought to take the sajd Dorcas, & 
reteyne hir as a wife, and to observe & fullfill the marriage cov- 
enant according to his engagement." 5 Records of Mass. 205. 

The same rule prevailed in New Hampshire. Edward Col- 
cord, although a very litigious man, was one of the most prom- 
inent in the province. On June 10, 16S0, the governor and 
council of this province, after a full hearing, made the follow- 
ing order and decree : 

" Edw T ard Colcord and Ann his wife, being bound over to 



3H 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



appear before the council for their disorderly living, upon a full 
hearing of the case, the council doth order that the said Edward 
Colcord, and Ann his wife, shall stand bound to the treasurer 
of this province in the sum of 5/. apiece to be of good behavior 
each to the other during the pleasure of the council, and that 
the said Ann do attend her duty towards her said husband in 
the use of the marriage bed according to the rule of God's word, 
which, if she refuse so to do, upon complaint to the next court 
at Hampton, the council doth order that she shall be whipped 
to the number often stripes." Records of the President and 
Council 21. 

These are only a few of many instances. 

We are now prepared to grapple with the colonial law of 
divorce. This is a subject which, in the hands of such eminent 
historians and legists as Bancroft, Palfrey, Woolsey, Parker, 
Bishop, and half a legion more, has become involved in a con- 
fusion only rivalled by that at the Tower of Babel. Governor 
Hutchinson, who wrote in 1767, says, — " I never heard of a 
separation, under the first charter, a mensa et thoro. * * * 
In general, what would have been cause for such a separation 
in the spiritual courts, was sufficient, with them, for a divorce 
a vinculo.'' 1 1 Hutchinson's Hist, of Mass. 393. 

Bancroft says, — i; Of divorce I have found no example; yet 
a clause in one of the statutes recognizes the possibility of such 
an event. Divorce from bed and board, the separate main- 
tenance without the dissolution of the marriage contract, — an 
anomaly in protestant legislation, that punishes the innocent 
more than the guilty, — was abhorrent from their principles." 
I Bancroft's Hist, of the U. S., Centenary ed., 374. 

Mr. Cowley, of Lowell, Mass., sent Mr. Bancroft a statement 
upon this historical point. Mr. Bancroft, on page 320, vol. I, 
of his revised edition, says, — "Marriage was a civil contract, 
and under the old charter of Massachusetts, all controversies 
respecting it were determined by the court of assistants, which 
decreed divorces especially for adultery or desertion. The rule 
in Connecticut was not different. Separation from bed and 
board without the dissolution of the marriage, an anomaly which 
may punish the innocent more than the guilty, was abhorrent 
to every thought of that day." 



ANNUAL ADDRESS. 



315 



President Woolsey said, — " At first, divorces were mainly, 
if not exclusively, granted by an act of a colonial legislature." 
Essay on Divorce and Divorce Legislation 183. 

Mr. Loomis said, — k ' The earliest legislation on the subject 
in the colonies, of which we have any record, is that contained 
in the Biblical Digest which answered the purpose of a legal 
code in the colony of New Haven, and was first published in 
1656. " Essay in the Nevu-Englander for July, 186S, 438. 

Judge Parker adopted the view that the first charter of the 
Bay colony conferred the power to establish divorce courts. 

The volume of judicial acts in Plymouth till 1636 is a sealed 
book. The writing is there, but no human being can decipher 
it. The records of the court of assistants in the Bay colony 
from September 7, 1640, to March 3, 1673, cannot be found. 
They undoubtedly went up in the flames when the town-house 
in Boston was burned in 1747. 

The torch of history gives but a dim light in respect to 
divorce in the infancy of these colonies. For this there are 
obvious reasons. No statute conferred in terms the power to 
grant divorce, nor did any in the Bay colony prior to 1658. 
There could be but few divorces when the paramount authority, 
under penalty of the lash or imprisonment, compelled unwill- 
ing husbands and wives to live together, but the probabilities 
are very strong that the Jewish law of divorce prevailed at a 
very early period. There are many things about the Jewish 
law of marriage and divorce as to which the ablest and most 
learned differ,* but all agree that a divorce was by " a writing 
of divorcement" given by the husband to the wife. These, as 
all lawyers who have had anything to do with Jewish divorces 
know, are very concise, being, in general, from two to four lines 
in length. These people had adopted the Jewish law, and 
emphasized it in many particulars. No reason has ever been 
shown why they should have rejected the part in relation to 
divorce any more than the rest. The written evidence of such 
divorces would seldom come to the surface, because they were 
private papers, like notes of hand, receipts, and memoranda. 
The colonists would not have been likely to have given public 
notice of the fact, so that their great enemy, Archbishop Laud, 

*Lindof. Belisario, i Hazzard 216-261, and Appendix 7-24 Goldsmid v. Bromcr, ib. 324-336. 



316 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



whom they regarded as the great red dragon, would use it for 
their destruction. To this more than all other causes we prob- 
ably owe the early silence of the two colonies upon the subject 
of divorce ; and, of course, as a matter of policy, it was the part 
of wisdom, as time wore on, to add the sanction of the colony 
to the modified Jewish divorce. 

William Tubbs and Nancy Sprague were married at Ply- 
mouth November 9, 1637. William Paybody was the son-in- 
law of John Alden of the Mayflower band. He was for nearly 
a generation one of the ablest and most godly of the prominent 
men of that colony. 

The following order was made in 1664. It appears on page 
66, vol. 4, Records of Plymouth Colony : 

44 William Paybody for makeing a writing for the separating 
of William Tubbs from Marcye his wife in reference untotheire 
marriage bond is fined by the courte the sume of five pounds; 
and leiftenant Nash and John Sprague for subscribing as wit- 
nesses to the said writing are fined three pounds." 

So in 1672, in Rhode Island, John Greene, assistant of War- 
wick, was censured for granting a divorce on his own authority. 
It is to be borne in mind that Paybody in 1664 was the repre- 
sentative from Duxbury,but was neither an assistant, magistrate, 
or held any other judicial office. 

The Tubbs case came to an end in 1668. The following rec- 
ord tells the story : 

44 Whereas Marcye the wife of William Tubbs, being a woman 
of ill fame and light behavior apparently manefest, hath for the 
space of four yeares and upwards absented and withdrawn her- 
selfe from her husband into another colonie, pretending she is 
at libertie and that notwithstanding all the meanes and waies 
her husband can use with safety, she will not be reclaimed nor 
persuaded to returne and abide with him as she ought to doe; 
and that also by letters to the govrment of Rhode Island due 
course hath bin taken to give her certaine intelligence that in 
case she would not returne unto and apply herselfe to her hus- 
band to live with him as she ought to doe betwixt the date of 
the said letters and this pesnt court that then hee should be 
diviorced from hir ; and shee hath since before competent wit- 
ness proposed and afleirmed that shee will never returne againe 



ANNUAL ADDRESS. 



317 



unto him while her eyes are open ; hee the said Tubbs appear- 
ing at this court, and earnestly againe sollissiteing the court for 
a diviorce from her, — 

" This Court sees therfore cause and does herby declare that 
the said William Tubbs is legally cleare from his covenant of 
marriage formerly made with Marcye his late wife and free him 
from those dutyes relateing therto : and that the said Marcye 
hath cutt of herselfe from any right henceforth to the pson or 
estate of the said William Tubbs hir late husband and herby 
alowing him libertie further to dispose of himselfe in marriage, 
if hee see fitt so to doe." 4 Plymouth Records 192. 

Divorces in the four colonies of Plymouth, Massachusetts, 
Rhode Island, and Connecticut were granted for incest, marry- 
ing an uncle's widow, bigamy, adultery, uncleanness, impo- 
tence, desertion, cruelty, abusive carriage toward the wife, de- 
faming her and applying obscene epithets to her, irreligious 
conduct, and neglect to support his wife and children. Com- 
paratively a large number of divorces for these causes were 
granted, prior to 16S0. Others were granted before or after 
that time, where no cause was assigned. The probabilities are 
that most of the latter divorces were granted because the court 
or other tribunal thought on the whole that would be for the best. 

In 1661, Elisabeth Burge obtained a divorce from Thomas 
Bruge, for uncleanness. The court gave her one third of her 
husband's estate, a bed, and some few articles of personal prop- 
erty, as alimony. 3 Plymouth Records 221. 

After years of legal tribulations, Elisabeth Williams was 
granted a suspensive divorce from John Williams, upon the 
ground of her husband's " abusiue carriages towards her both 
in word and deed by defaming her in rendering her to bee a 
whore, and psisting in his refusing to perform marriage duty 
vnto her." 4 Plymouth Records 93, 117, 121, 125. This case 
was tried by a court and jury. 

In 1639 the colony of Massachusetts Bay provided for two 
courts of assistants " to hear and determine all and only actions 
of appeal from inferior courts, all capital and criminal causes 
extending to life, member, or banishment." The early divorce 
practice in the Bay colony was founded either on custom or this 
statute. 



3»8 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



When this law was reconstructed, in 165S, the words " all 
causes of divorce" were inserted after the word "courts" 
and before the word "all." The volume of " Ancient Char- 
ters," &c, assumes that these words were in the act of 1639, but 
Mr. Cowley, who has carefully compared all the acts, says that 
these words were not in that of 1639. Under the supposed 
authority of this act, the first divorce was granted by the court 
of assistants at Boston on December 3, 1639. The decree is as 
follows : 

" James Luxford, being psented for haveing two wifes, his 
last marriage was declared voyde, or a nullity thereof, & to bee 
divorced, not to come to the sight of her whom hee last tooke, 
& hee to bee sent away for England by the first opportunity ; 
all that hee hath is appointed to her whom hee last married, 
for her & her children ; hee is also fined ioo«£, & to bee set in 
the stocks an houre vpon a market day after the lecture, the 
next lecture day if the weather pmit, or else the next lecture 
day after." 1 Records of Mass. 2S3. 

This decree was palpably a sentence of nullity. Here alimony 
was given to the last wife. The justice of this order is apparent, 
for Luxford was a black sheep. 

The supreme court of New Hampshire has long been very 
liberal in the view the judges have taken in respect to alimony. 
This was due in the outset to the disgraceful blunder in the 
divorce suit of Sheafe v. Sheafe, where a decree was entered 
against a woman, who had not been shown to have been guilty, 
because the then chief-justice loved his ease too much to read 
the entire testimony, and granted the divorce because of the 
bulk of testimony rather than its weight ; but it is very question- 
able whether the present court would go so far as to give ali- 
mony to a woman whose marriage was utterly void, and whose 
children in law were the children of nobody. 

From this time forward the mass of divorces in the Bay col- 
ony were, apparently, generally granted by the court of assist- 
ants, or by the general court. Unfortunately, as we have seen, 
the record thereof, during almost the entire time that New 
Hampshire was a part of Massachusetts, perished in the flames. 
But the county court at the mandate of the general court, and 
the general court as an extraordinary tribunal, sometimes 
granted divorces during this period. 



ANNUAL ADDRESS. 



3 J 9 



On May 22, 1656, the following decree was made : 

44 In answer to seuall petitions pferd by Georg Halsell & his 
wife respecting her diuorce, the Court, thinkes meet to referre 
the examination & finall determination of this case vnto the 
Court of Assistants, to whom properly it doth belonge ; & it is 
hereby ordered that the sd Joan Halsell shall haue liberty to 
goe to the publicke meetinges, or elswhere, without interup- 
tion from the sd George, or if the sd Georg shall any wayes 
molest her till the case be issued, he shallbe committed to 
prson till he giue bond to the Gounr, or Dept Gounr, for his 
good behavior ; & it shalbe lawfull for any inhabitant, on sight 
of any disturbance, to rescue her out of his hand, & convent 
him before authoritie to be comitted to prson." 3 Records of 
Mass. 413. 

On October 14, 1656, the following order was made : 

14 Mary Bachiler pfering a pet. to be divorced from her hus- 
band, now in England, the examination of the case is referd to 
ye next County Court at Yorke, & the sd Court to make returne 
of what they find in the case to the next Court of Assistants, 
who haue power to issue & determine the same." 3 Records 
of Mass. 418. 

On October 16, 1650, the general court made the following 
decree : 

44 In answer to the petition of William Palmer, desiring a bill 
of divorce maybe graunted him from Ellinor his wife, which, 
since his coming into these parts, hath wholy deserted him, and 
marrjed herself e to one Willjam Pope, of Salisbury, in the 
county of Wilts, in England, and hath had children by him, the 
Courte judgeth it meete (on the pervsall of the evidence of 
Xtopher Batt and John Wheeler, of Salisbury aforesajd, now in 
New England, affixed to the petition) that the sajd William 
Palmer should be divorsed, and declared heereby that he is 
legally divorsed." 4 Records of Mass. (Part I) 32. 

On May 16, 1654, the general court made the following 
decree : 

44 In ansr to the peticon of Dorcas Hall, desiring a divorce 
from hir husband, Jno Hall, who is gonn from hir, &c, the 
Court, finding it fully proved that Jno Hall hath voluntarily 
wthdraune himself from Dorcas, his wife, and contjnewes in his 



320 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



obstinate refusal to cohabit wth hir as his wife, and hath broken 
the bonds of wedlocke, as by his oune confession, attested by- 
Mr. Wm. Coddington & Win. Jeoiferjes, wth the oath of Law- 
rence Turner, the Court judgeth it meete, that the sajd Dorcas 
shallbe, & hereby declares that shee is, legally diuorced from 
the sajd Jno Hall, and is at hir libertye to marry wth any other 
man." 4 Records of Mass. (Part I) 190. 

On May 14, 1656, the general court made the following 
order : 

"In answer to the petition of Wm. Clements, craving a di- 
vorce from his wife, who for seuerall yeares hath refused mar- 
riage fellowship wth him, the Court referrs the hearing and 
determining of the case vnto the County Court of Charlestoune 
next month." 4 Records of Mass. (Part I) 259. 

The following, in the nature of an injunction, was ordered by 
the general court May 14, 1656 : 

'* In ansr to the peticon of George Halsall, together wth the 
ansr to the peticon of Joane Halsall, there having binn two 
comittees that haue had the hearing of this case, whose aphen- 
cons haue binn different therein, this Court is not willing to act 
heerevppon, but judge it meet to referre the examinacon & final 
determinacon of this case vnto the Court of Assistants, to whom 
it doth propperly belong ; provided, and it is heereby ordered, 
that the sajd Joanne Halsey shall haue libertje to goe to the 
publicke meetings on the Lords & lecture dajes, or at other 
times, on hir occasions, wthout interruption or disturbance 
from George Halsey, or any on his behalfe ; and if the sajd 
Halsey shall goe about to seaze on hir, vex, molest, or any 
way disturbe hir in the streetes, or otherwise, till the cawse be 
issued, on complaint thereof to the Gouernor or Dept. Gouernor, 
he shall be comitted to prison till he give bond for his good be- 
haviour ; and it shall be lawfull for any inhabitant, on sight of 
any disturbanc or vjolenc offered the sajd Joanne by the sajd 
George, to rescue hir out of his hands, & to convent him be- 
fore authorise." 4 Records of Mass. (Part I) 272. 

On October 14, 1656, the general court passed the following 
order : 

" In ansr. to the peticon of Mary Batchiler, desiring liberty 
from this Court to dispose of hir self, hir husband being gonne 



ANNUAL ADDRESS. 321 

from hir, & as she ptends, since his going, married, &c. the 
Court judgeth meete to referr the examination of the case to the 
next County Court at Yorke, and the sajd Court to make retourne 
of what they finde to ye next Court of Asistants, who haue 
power to issue and determine the case." 4 Records of Mass. 
(Part I) 282. 

On May 28, 1659, the general court made the following 
order : 

" In ansr to the petition of George Halsall, the Court, on a 
hearing of the case betweene the sajd George Halsall & Joane, 
his late wife, doe order, that the determination of it be referd to 
the next sessions, & in the meane time forbidd either party to 
marry." 4 Records of Mass. (Part I) 380. 

On May 9, 1678, the court made the following decree : 
" In ansr to the peticon of Mary Madox, the court, hauing 
read & considered the contents of this petition, doe judge & de- 
clare, that ye condition of the petitioner being indeed circum- 
stanced as she hath therein declared, yt her husband, Henry 
Maddox, hauing binn absent for a thirteen yeares, & never 
wrote or sent to hir in ye time she is at liberty from the conju- 
gall bond made wth the sajd Maddox & at liberty to dispose of 
herselfe as she shall see meete." 5 Records of Mass. 188. 
On October 15, the general court made the following decree : 
44 In ansr to the petition of Mary Lyndon, wife to Augustin 
Lyndon, humbly desiring the favour of this Court to consider 
her poore, desolate, and distressed condition, & to set hir free 
from that marrjage relation in which she now stands to hir sajd 
husband, since he hath in so many particulars broken couenant 
wth her, & that yow will be pleased to setle vpon her & her 
children the sajd two thirds parts of the sajd land, and that 
smale matter that now remajning in Deacon Aliens hands; so 
shall she euer pray, as in duty bovnd. The Court, hauing heard 
hir case, doe declare the petitioner, Mary Lyndon, to be freed 
from hir former husband, Augustin Lyndon, and at liberty to 
marry another man ; and doe further grant, that the land men- 
tioned in the peticon, and the estate in Deacon Aliens hands, 
be deliuered to the sayd Mary for her & hir childrens vse till 
the County Court shall take further order." 5 Records of 
Mass. 248. 



322 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



On May 22, 1661, " in the case of Rachell Langton, or Ver- 
ney, the Court judgeth it meete to declare, that she is free from 
hir late husband, Joseph Langton." 4 Records of Mass. (Part 
II) 8. 

On November 12, 1659, the general court made the following 
order : 

u In ansr to ye peticon of George Halsall, humbly desiring 
that Jane, his wife, lately divorced from him by the Court of 
Asistants, 1656, may be retourned to him, &c. the Court, on a 
hearing of the matter contejned in his petition, and duly consid- 
ering of all the evidences by both partjes produced in the case,, 
doe order, that the judgment of the sajd Court of Asistants in 
reference thereto be voyd, and that the sajd George Halsall 
shall haue and enjoy the sajd Joane Halsal, his wife, againe." 
4 Records of Mass. (Part I) 401. 

The statute at this time certainly vested the jurisdiction over 
divorces in the court of assistants. It will be seen, therefore, 
that the general court upon a new proceeding overthrew the 
jurisdiction of the proper court, set aside a divorce regularly 
granted by that tribunal, and remarried a divorced couple by 
decree against the will of one of the parties. 

On October 21, 1863, the general court made the following 
decree : 

'* In ansr to the petition of Margaret Bennet, in behalf of Mary 
White, hir daughter, humbly desiring to be sett free from Eljas 
White, hir husband, for his deficjency, &c, in hir peticon & 
by wittnesses therein exprest & prooved, the Court judgeth it 
not meete to graunt hir request." 4 Records of Mass. (Part 

ii) 9 .. 

Again : On October 12, 1670, the general court made the fol- 
lowing decree : 

" In ansr to the petition of Elizabeth Steevens, wife of Hen- 
ry Steevens, it appearing to the Court that the sajd Henry Stee- 
vens hath deserted his wife & held vnlawfull familiarity wth 
another woman, this Court judgeth it meete to declare, that the 
petitioner marrying any other man shall not be indangered 
thereby as a transgressour of our lawes." 4 Records of Mass. 
(Part II) 465. 

These illustrations show beyond any reasonable doubt that 



ANNUAL ADDRESS, 



323 



the practice of the Bible commonwealths was, to put it mildly, 
as liberal in matters of divorce as that of New Hampshire since 
the Revolution. When they decreed divorces from the bond of 
matrimony instead of from bed and board, they restored the 
law as it existed in Great Britain prior to the decree of the star 
chamber in 1601. Divorces dropped in the Bay colony with 
the new charter and the advent of Andros in 1686. By the act 
of August 22, 1695, such causes were to be " heard and deter- 
mined by the Governor and Council." This tribunal dragged 
on until as late as Feb. 9, 1760, without a seal, without rules, 
without formalities, and even without records, except those in 
which executive acts, proceedings, and the like were recorded 
together. After that something like order and system prevailed 
until the Revolution. By chapter 69 of the act of 1785, juris- 
diction in such matters was conferred upon the highest court of 
the commonwealth, where it has ever since remained. 

We have already seen that the wife of Stephen Bachiller, for- 
merly of Hampton, had obtained a divorce from him, when the 
Bay colony exercised jurisdiction over New Hampshire and 
Maine. The Cutt commission certainly did not in terms make 
the governor and council here a divorce court, and probably 
nothing was further from the intention of the crown. It is 
questionable whether Mrs. Colcord, to whom reference has 
been made, was not the first applicant for divorce under the 
province. 

Sarah Pearce, in her libel of December 6, 1681, recites that 
she was "encouraged by your pious favor to Mrs. Colcord. " 
Unless Mrs. Colcord was the first applicant under the provin- 
cial government, Sarah Pearce was. She was an heiress. Her 
husband wasted her estate, and deserted her. The allegations 
of her libel were, that her husband was "living under sore sus- 
picion of notorious fornication (as public fame gives it out) ;" 
that he had deserted her for above seven years ; threatening to 
poison her and to knock her on the head, if she came near 
him. 8 N. H. Hist. Collections 6S. 

There is no evidence that a divorce was granted here, but 

prior to February 2S, 1682, she had obtained a divorce in the 

Province of Maine and had been duly married by one of the 

governor's council to Henry Seavy, of Portsmouth. Where- 
vol. k. 23 



3 2 4 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



fore Thomas Seavy, the father of her second husband, prayed 
that they " may be more formally married, that they may know 
how to sue for their own/' 8 N. H. Hist. Collections 117, 
118. 

On July 26, 1697, the records of the council recite : — 

44 Whereas Eliza Smart presented her petition desiring a di- 
vorce from her husband, he being married to another woman at 
New York as by testimony from his own hand to Jno. Hinks, 
Esq. President, as also the testimony of Rob. Almary ; if there- 
fore the said Rob. Almary do swear before the Justice of the 
Peace to the truth thereof, then the President do issue forthwith 
a Bill of divorce accordingly." 2 Prov. Papers 249; see 3 
Prov. Papers 312. 

As the libel is not given, and there is no recordof the Assem- 
bly, it is impossible to determine whether this was addressed to 
the legislature or not. The attempt was to delegate the power 
to grant a divorce to the President. He was to grant a divorce 
upon an affidavit. There is no evidence that any affidavit was 
furnished or that any divorce was granted. Careful investiga- 
tion shows that none of the original papers are in the archives 
at the state-house, or known to exist elsewhere. 

The act of June 14, 1701, section 5, provided virtually for 
what is now an existing cause of divorce, to wit, "that if any 
Married Person Man or Woman hath lately, or hereafter shall go to 
Sea, in any Ship or other Vessel bound from one Port to another, 
where the passage is usually made in Three Months time ; and 
such Ship or other vessel hath not been or shall not be heard 
of within the space of Three full Years, next after their putting to 
Sea, from such port ; or shall only be heard of under such cir- 
cumstances as may rather confirm the Opinion commonly re- 
ceived of the whole Companies being utterly lost; in every 
such case the matter being laid before the Governour and Coun- 
cil, and made to appear, the Man or Woman whose Relation is 
in this manner parted from him or her may be esteemed Single, 
and Unmarried ; and upon such declaration thereof, and License 
obtained from that Board, may Lawfuly marry again : any Law, 
Usage or Custom to the contrary notwithstanding." N. H. 
Laws, ed. 1726, 10. 

This act was repealed June 20, 1792. Strange as it may 



ANNUAL ADDRESS. 325 

seem, if the Governor and Council were ever called upon to act 
under this law, no record thereof exists. 

Thomas Holland was a merchant, sea-captain, a conspicu- 
ous man in the province, and one of the henchmen of Gov- 
ernor Dudley. 

On October 5, 1702, his petition for divorce was read at the 
Council Board. As none of the original papers can be found 
at the state-house, the precise form of the allegations and the 
prayer is unknown. 

It is clear, however, that she was charged with "adultery," 
"lewd carriage," "and other injuries done him in the embez- 
zlement of his estate." 

She admitted the adultery, but to some extent denied the 
other charges, and set up condonation as a defence. She testi- 
fied before the board to acts which constituted a condonation. 
The husband testified "to the contrary." Two other witnesses 
( women) testified, but their testimony was not decisive. 

On October 8, 1702, after reading his complaint, the council 
ordered, — 

"That the said Thomas Holland do forthwith provide for 
their three children ; and that he allow her, said Elisabeth, six 
shillings per week for her maintenance during her residence in 
this province, and that public notification be given throughout 
this province. 

If what the husband alleged and the wife admitted was true, 
it was clear that he was entitled to an absolute divorce, unless 
he had condoned her offence. If he had, he had no standing, 
and should have been sent out of court. But this anomalous 
decree, unless as a personal order, pendente lite, was outside 
the pale of all law. 

There is no evidence which has any tendency to show that 
the matter up to this time had ever been brought to the atten- 
tion of the house of representatives. 

What would seem to have been the second petition, or libel 
for divorce, was read before the council board at the legislative 
session on February 10, 1703. This can be found at length in 
3 Prov. Papers 277, 278. 

This set up the marriage, birth of three legitimate children, 
non-access for two years, adultery and conviction thereof before 



326 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



the council and her confession, the birth of another child as the 
fruit of this adulterous connection, and prays for "a divorce" 
or ** separation." 

Both houses concurred in granting a divorce — a mensa et 
thoro. The decree is set out at length in 3 Prov. Papers 279, 
280. A copy was served upon Mrs. Holland by the secretary, 
who also showed her the original. 

This was, if possible, a greater travesty upon justice than the 
other. 

So far as known, it was the first and last divorce a mensa et 
thoro in New Hampshire, and the first legislative divorce here 
of any kind. Such divorces, as we have seen, began at a very 
early period in some of the colonies. Legislative naturalization 
of aliens began with the act of the colonial assembly of Mary- 
land, in 1666. In 1773, George the III, by instructions to the 
governors of New Hampshire, Massachusetts Bay, New York, 
New Jersey, Virginia, North Carolina, South Carolina, Georgia, 
East Florida, West Florida, Quebec, Nova Scotia, the island 
of St. John, Barbadoes, Leward Islands, Grenades, Dominica, 
Jamaica, Bahamas, and Bermuda, prohibited such acts of 
divorce and legislation. 

On April 12, i77i,.an act was passed in New Hampshire 
kt dissolving the marriage relation of Greenwood Carpenter and 
Sarah Leathers." This divorce was granted for adultery proved 
and confessed by her under her hand and seal. Probably for 
the reasons which caused the king to issue this proclamation, 
this act was disallowed by the king in council Sept. 1, 1773. 

On December 14, 1773, the disallowance was communicated 
by the governor to the council, who " did thereupon advise that 
a proclamation be printed in the New Hampshire Gazette in 
consequence of the order aforesaid to render the said act null 
and void." 7 Prov. Papers 22. 

All divorces since Holland's case were legislative until the 
divorce jurisdiction was transferred bodily to the highest court 
of the state by the constitution of 17S4, by which alone divorces 
have been granted from that day to this. 

From the earliest period to the present time the parties have 
been allowed to testify. Until at least as late as Poor v. Poor, 
decided at the December term, 1S36, S N. H. 307, the parties 



ANNUAL ADDRESS. 



3 2 7 



were usually heard upon affidavits, which were frequently 
drawn up by the parties themselves, or by some justice of the 
peace. 

From March 16, 1680, to the present hour, there has been 
a radical difference between our two legislative bodies, and this 
was especially marked during the entire provincial life of New 
Hampshire. The council, as a whole, was the representative of 
royal authority, and the stronghold of favorites, placemen, 
nepotists, and of an aristocracy that prided itself on its " blue 
blood." 

The house of representatives was not unfrequently termed by 
the royal governors " the commons," and in the long run, for 
good or for evil, it has fairly represented the township system, 
and, through that, the people. The house from the outset, 
when a proper case was made, voted steadily for divorce, and 
the council for quirks instead of justice. 

The case of Martha Langdon, otherwise Barreli, v. William 
Barrell, is a pointed illustration. On November 27, 1765, three 
months after marriage, she filed her libel for divorce. The 
charge was impotency. The prayer was as follows :' 

"That your petitioner is advised that by the canon law & 
also by statute, she is entitled to a divorce a vinculo matri- 
monii, or the bonds of matrimony by reason of the premises 
had the same happened in England, and your petitioner had 
proceeded therefor in the spiritual court there. And that as no 
such court exists here, your petitioner must of necessity apply 
to the general court, where the matter of this petition is prop- 
erly cognisable and your petitioner may meet with redress. 

"Your petitioner therefore most humbly prays that your ex- 
cellency & honours will take the matter of this petition into 
your consideration & that the said William may be cited to 
answer and your petitioner may be permitted to enter into such 
proofs of her allegations as to your excellency & honours shall 
seam meet & satisfactory and that she may have leave to bring 
in a bill of divorcement, whereby the said formal marriage be- 
tween your petitioner and her said husband may be rendered 
and declared null and void to all intents and purposes." 

The parties were heard in person and by counsel. On No- 
vember 30, 1765, the house voted to grant her prayer, and forth- 



328 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



with sent this vote to the council, which on January 23, 1766, 
concurred in the vote of the house with an amendment that 
either party might bring in bill for a divorce a mensa et thoro 
44 to liberate the parties from all demands of their persons or 
estates respectively, unless some future mutual agreement be- 
tween the said parties to the contrary should take place, until 
which time their issue be illegitimate-" 

The stupidity and infamy of this amendment are incompara- 
ble. Mrs. Barrell, if she proved her case, was entitled to a 
sweeping judgment in her favor. If she failed, she should have 
been turned out of court. Instead, the parties were left both 
married and single, and their offspring were made bastards- 
Having decided the case, the upper house began taking testi- 
mony. They ordered a medical inspection of the husband, a 
thing — though allowed in the spiritual courts and Plymouth 
colony — which never received sanction even in Vermont until 
1862, in the famous case of Le Barron v. Le Barron, 35 Vt. 
365-372, in which the opinion was delivered by Chief-Justice 
Poland. 

The report of the examiners was made on January 24, 1766,. 
the next day after the matter had been decided by the council, 
and is as follows : 

14 Whereas Martha, the wife of William Barrell hath pre- 
ferred a petition to his excellency, their honores the council, & 
house of representatives for leave to bring in a bill of divorce 
on account of the impotency of the scl William. 

44 We, the subscribers, being desired by the honbl. council! 

to examine the said William Barrell, do report upon oath, that 

after due examination of the sd William, we find him amply 

furnished to satisfy the natural & rational inclinations of any 

modest woman, & that as far as we can discover there does not 

appear any mark of impotency. 

Clemt. Jackson 

Danl Rogers 
A. R. Cutter. 
Portsmouth 24th Jany. 1766." 

A careful examination of the libel and the medical certificate 
shows that, while the latter apparently negatives the charge in 



ANNUAL ADDRESS. 



329 



the former, it does not really deny that Mr. Barrell was 
impotent. 

But on January 25, 1766, the house, after consideration, re- 
fused to concur in the amendment proposed by the council. 

What became of this case is not certainly known, but Dr. 
Bouton, 7 Prov. Papers 148, among other things, states that be- 
tween August iS and October 2, 1767, a bill was passed u to 
dissolve the marriage of Wm. Barrell with Martha Lang- 
don." 

From 1703 until 1784 the legislature acted upon the theory 
that it had the powers of parliament, but the propriety of its 
exercise in a particular case was another question. 

The act of February 17, 1791, authorized divorces from the 
bond of matrimony of parties within the prohibited degrees, for 
bigamy, impotency, adultery, absence for three years without 
being heard of, failure on the part of an absent husband to sup- 
port his wife for three years together, and for extreme cruelty. 

Our present laws reduce the causes one, and add nine, an in- 
crease of eight. These additions are mainly nominal rather 
than real, and are practically for the benefit of wives. No 
causes have been added for twenty-nine years. One of these, 
in 1S54, gave the wife a right to a divorce where a husband 
had, and the other gave the wife whose husband had been ab- 
sent from the country for ten years and neglected to provide for 
her and to assert his marital rights here, a divorce. These were 
both but forms of desertion. 

Aside from these, no new cause has been added since Decem- 
ber 24, 1840. 

A brief summary of the history of the causes created after the 
act of 1 79 1 and before the revision may be found useful. 

What is known as the ninth cause grew out of the troubles 
between Mary M. Dyer and Joseph Dyer the Enfield Shakers, 
and parents of Caleb and Orville Dyer. 

She wanted a divorce, and a part of the property which she 
and her husband had carried to the Shakers. 

On December 24, 1S24, an act was passed giving a husband 
or wife, when the other party had joined a sect believing as 
the Shakers did, and so acting for three years, a divorce. The 






33o 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



second and third sections made the statute applicable to the case 
of Mrs. Dyer without naming her. 

At the May term, 1828, she filed her libel. It was contested, 
but at the November term, 1830 (5 N. H. 271), she prevailed. 
This is the foundation of all our non-cohabitation statutes. 

At the May term, 1S39, Isaac B. Greenlaw, of Boston, Mass- 
achusetts, was convicted of felony and sent to the state prison in 
that state. His wife was from Maine. She wanted a divorce. 
On December 24, 1840, an act was passed covering such cases. 
She soon after applied here for a divorce. It was denied in 
1841 (12 N. H. 200) upon the ground, first, that strangers 
could not use our courts as un marrying machines, and, second, 
that the statute could not constitutionally cover a case which 
arose before the statute. 

In 1866, in Martin v. Martin, 47 N. H. 52, our court, Chief- 
Justice Perley, speaking for the full bench, though the contrary 
interpretation had been acted upon by the court of which he 
was a member, decided that the wife was not entitled to a di- 
vorce unless the husband was imprisoned in the New Hamp- 
shire state prison. In this way an efficacy was given to our 
state prison not possessed by others. 

Judge Fowler, one of the commissioners of revision in 1867, 
who did not relish the views of Judge Perley in this particu- 
lar overmuch, so changed the law by the General Statutes as to 
take away the special virtue and charm of an imprisonment in 
our state prison. 

The act of December 24, 1840, added in form one new cause, 
habitual drunkenness for three years. This was to meet a 
special case. But as in 95 cases out of 100 such a drunkard be- 
comes a brute instead of an unoffending simpleton, and is 
guilty of extreme cruelty, it affected but a small percentage of 
cases. 

Cruelty had long been a recognized cause for divorce. Some 
eminent jurists, with more book learning than sense, held that 
while it was cruelty for a husband to strike or otherwise phys- 
ically ill-treat his wife, though she might recover from it in an 
hour or a day, it was not cruelty if without physical violence 
he tortured her out of her senses or tormented her to the con- 
fines of the grave. Others held exactly the reverse. 



** 



ANNUAL ADDRESS. 



331 



To get rid of this doubt in some special cases, and the influ- 
ence of Chief-Justice Parker, who, according to the common 
understanding of the profession, hated divorces because he hated 
women, and hated women because a pretty sweetheart, when 
he was young, " bit him in the mouth," the legislature on Decem- 
ber 24, 1840, provided that it should be a cause of divorce 
"when either party shall so treat the other as to injure health or 
endanger reason." 

These are nothing more than forms of cruelty, and really add 
nothing, but in the present statute are put down as making two 
additional causes for divorce. The others are simply forms of 
desertion, and with a sensible court there never was the slightest 
occasion for any of them. 

The act of December 24, 1840, provided that " when the con- 
duct of either party shall be so gross, wicked, and repugnant to 
the marriage covenant as to occasion the separation of the other 
for the space of three years, or, having been so gross, wicked, 
and repugnant to the marriage covenant as to occasion the sep- 
aration of the other, shall so continue to be for such further 
space of time, not less than one year, as to amount to three 
years." 

This provision manifestly owed its origin to a special case or 
cases not covered by the general law. It was swept away by 
the revised statutes in 1S43. 

More than two hundred years ago divorces would have been 
granted for all the causes set forth in our statutes, unless possi- 
bly for habitual drunkenness and imprisonment in the state 
prison. 

The act of July 2, 1870, which took effect after January 1, 
1871, transferred the trial of divorce causes from the law to the 
trial term. My purpose in framing this act was not to facilitate 
divorce, but to get rid of the ruinous expense of masses of depo- 
sitions,* and to enable the court, by oral hearings and by the 
power to " require the personal attendance of any witness or 
witnesses," to sift the truth from falsehood, and prevent the 
granting of divorces upon manufactured paper testimony. 

While all fraud and collusion cannot be prevented, this act 

•Between four thousand and five thousand pages of depositions were taken in a single 



332 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



has, in general, admirably answered the end for which it was 
designed. 

We have more divorces now than formerly, — first, because 
we have more people ; and, secondly and mainly, because of the 
character of the floating population that comes and goes in our 
manufacturing towns, and the influence that population has 
upon the people in the lower walks of life, — but not, as so many 
without due consideration suppose, because the statutes have 
been steadily creating new causes, or growing more lax in 
terms or in substance. 

Intelligent members of the profession do know, and the gen- 
eral public should know, that there never has been a time in 
the history of New Hampshire when any divorce tribunal has 
been disposed to favor divorces. The tendency has always 
been the other way, and this tendency was very marked during 
the time that Judge Parker was a member of our highest court, 
and largely so under those who succeeded him down to 1855. 
Counsel were not allowed to agree upon alimony, even where 
there was notoriously a clear cause for divorce. The judicial 
scales have always inclined, and do to this day, against divorce. 
The real difficulty lies deeper. So long as divorces are allowed 
for any cause, there will in spite of the judges be what are prac- 
tically divorces by consent : whether that consent be express or 
tacit is immaterial. Married couples, for a variety of causes 
and under a great variety of circumstances, grow weary of the 
tie, or one of the parties does, and the other at last makes no 
sign. In person or through friends they come to understand 
each other. Often there is a real ground for divorce, or there is 
a clear apparent cause, where one of the parties does not appear. 
If this fails, one of the parties does an act which is a palpable 
cause for divorce,* or one where there is no guilt, but which 
under the circumstances is strong evidence of guilt. The cause 
is entered and goes to proof. The defendant does not appear, 
the case is clear, and the decree follows. Not unfrequently 
couples are divorced for desertion, cruelty, etc., etc., where 
the real cause is adultery ; but the parties put it upon another 

•The supreme court of one of our sister New England states once denied a divorce upon 
the ground that they " were not fully satisfied that the adultery charged was committed in 
good faith." 



ANNUAL ADDRESS. 



333 



ground, which often is the result of the first cause, to avoid 
scandal, loss of reputation and position of the parties or their 
friends, and more frequently that of children. The only way in 
which this can be stopped is to adopt and extend the practice 
which prevails in the mother country, to wit, make it the duty 
of the attorney-general, or some other public officer, to inter- 
vene in every divorce suit, and pay the expenses thereof out 
of the public treasury. The state undoubtedly cares for the 
morals of its people, but it is very questionable if it adopts 
the only remedy which can in any practical sense be found to 
be effective. 



334 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



FIELD DAY. 



Wednesday, Sept. 26, 18S3. 

The second field-day of the society was held this day at Ports- 
mouth. 

On the arrival of the morning train at the Concord station in 
Portsmouth, the members in the excursion, with their friends, 
were met by a delegation of the members resident in that city, 
and by them accompanied to the Rockingham house. 

Thence, in carriages, the party visited the Benning Went- 
worth mansion at Little Harbor, and Odiorne's Point, — the 
latter being the site of Thomson's first settlement in New 
Hampshire in 1623. 

. After inspecting these interesting localities, the party returned 
to the Rockingham house, and partook of a sumptuous dinner. 

Hon. Charles H. Bell, president of the society, tendered a 
resolution of thanks to the members resident in Portsmouth for 
courtesies extended, which was unanimously adopted. 

During the afternoon visits were made to the Gov. John 
Wentworth mansion on Pleasant street, occupied by A. S. 
Wentworth, Esq. ; the historic residences of Mark H. Went- 
worth, Esq., and Dr. F. E. Langdon, the latter once the abode 
of Gov. John Langdon ; and the Gen. Whipple house, now 
occupied by Alex H. Ladd, Esq., — at all of which the visitors, 
under the escort of W. H. Hackett, Esq., were most kindly 
received, and shown numerous objects of great historic interest. 

This second field-day, held in the storied provincial capital 
of New Hampshire, was a pleasant continuation of the useful 
enjoyment of the first, held at Dover a year before. 



PROCEEDINGS ANNUAL MEETING. 335 



ANNUAL MEETING. 



Concord, June n, 18S4. 

The sixty-second annual meeting of the society was held this 
day, at 11 o'clock a. m., at its library-room, the president in the 
chair. 

The records of the last annual meeting and the second field- 
day were read and approved. 

The report of the treasurer, Mr. S. S. Kimball, was presented 
and accepted. The report showed debts, $8,094.19 ; credits, 
$196.06; balance, $7,898.13; — increase the past year, $1,043. 

The recording secretary reported that the following persons 
had accepted membership during the year: 

RESIDENT MEMBERS. 

John T. Perry, Exeter; George E. Jenks, Concord; Dr. Paul A* 
Stackpole, Dover. 

CORRESPONDING MEMBERS. 

Daniel Rollins, Esq., Hon. William W. Tucker, Boston, Mass. ; Rev~ 
Thomas Witherow, d. d., Londonderry, Ireland. 

HONORARY MEMBER. 

Jonathan Marshall, Esq., New York city. 

Mr. Woodbridge Odlin was appointed to serve, instead of the 
absent treasurer, during the meeting. 

Mr. Samuel C. Eastman, librarian, presented his annual 
report, which was accepted. The report stated that the library 
had been open four days in a week during the session of the 
legislature ; had been closed during the winter, but open some- 
what irregularly, once a week, during the remainder of the 
year. The library contains over 10,000 volumes, counting 
each bound volume of pamphlets as one, and an unknown 
number of pamphlets. The additions during the year were 
160 volumes and 510 pamphlets. 



33 6 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Hon. J. E. Sargent, from a committee appointed last year to 
consider the subject of a Centennial Record, reported that no 
action thereon was deemed expedient. Accepted. 

Mr. S. C. Eastman, from the committee appointed last year 
to seek legislative aid in procuring historical material in Eng- 
land, reported that an appropriation had been secured ; and he 
submitted the following resolution, which was adopted : 

Resolved, That a committee of three be appointed, with full power to 
expend the appropriation of $500, by the state, for a calendar of papers 
in the public record offices in England. 

Committees to nominate officers and new members were 
appointed. 

Mr. S. C. Gould offered the following resolution, which was 
adopted : 

Resolved, That a necrologist be annually elected as one of the regular 
officers of the society. 

Mr. J. B. Walker, from the committee to nominate officers, 
made a report, which was accepted, and the gentlemen therein 
nominated were elected to the offices designated, as follows: 

President — Charles H. Bell; Vice-Presidents — Jonathan E. Sargent, 
John M. Shirley; Corresponding Secretary — John J.Bell; Recording 
Secretary — Amos Hadley ; Treaszirer — Samuel S. Kimball; Librarian — 
Samuel C. Eastman ; Publis/iing Committee — Charles H. Bell, Amos 
Hadley, Samuel C. Eastman ; Standing Committee— Joseph B. Walker, 
Sylvester Dana, Joseph C. A. Hill ; Library Committee — Amos Had- 
ley, Edward H. Spalding, J. E. Pecker. 

On motion of Mr. S. C. Gould, the publishing committee 
was instructed to procure the publication of an edition of the 
constitution and by-laws, with a list of members down to the 
present year. 

On motion of Mr. S. C. Eastman, thanks were tendered Hon. 
Geo. H. Moore, of the Lenox library, New York, for the skil- 
ful repair of John Farmer's Biographical Register, author's 
edition, and its enclosure in morocco box. 



PROCEEDINGS ANNUAL MEETING. 337 

On motion of Mr. S. Dana, a committee was ordered to be 
appointed to take into consideration any needed changes in the 
constitution and by-laws of the society. 

Mr. J. E. Sargent, from the committee appointed to nomi- 
nate new members, reported the following named persons, who, 
upon the acceptance of the report, were unanimously elected by 
ballot members of the society. 

RESIDENT MEMBERS. 

Rufus P. Staniels, Isaac W. Hammond, Charles R. Walker, m. d., 
Charles P. Bancroft, m. d., Irving A. Watson, m. d., Rev. Sullivan 
Holman, Franklin Low, Concord; Hon. William S. Ladd, Lancaster ; 
Col. Edward H. Gilman, Exeter; Hon. David H. Goodell, Antrim; 
Albert S. Batchellor, James R. Jackson, Littleton ; John Hatch, Green- 
land ; Col. Gilman H. Tucker, Raymond; William M. Barnard, 
Franklin. 

CORRESPONDING MEMBER. 

Rev. John LeBosquet, Southville, Mass. 

HONORARY MEMBERS. 

Israel W. Andrews, Marietta, Ohio ; William H. Hotchkiss, m. d.. New 
Haven, Conn. ; Nathaniel J. Sawyer, m.d., Frankfort, K. Y. ; Nathaniel 
U. Walker, Boston, Mass. ; Charles R. Buddy, Denton, Texas ; William 
F. Holmes, Castleton, Dakota; Due de Broglie, Paris, France. 

On motion of Mr. W. Odlin, the assessment on each resident 
member of the society for the coming year was fixed at two 
dollars. 

On motion of Mr. J. B. Walker, Amos Hadley was invited 
to deliver the annual address at the next annual meeting of the 
society. 

On motion of Mr. W. Odlin, — 

Resolved, That the field-day for the present year be held at Exeter, 
at a time to be designated by the president. 

On motion of Mr. J. B. Walker, a committee was ordered to 
be appointed upon the increase of the librarian's fund; and it 
was resolved that when the present meeting adjourn to-day, it 
be adjourned to some early day. 



338 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Mr. John Kimball, in behalf of the executors of the will of 
the late Mrs. N. G. Upham, presented a portrait of the late 
Hon. Nathaniel Gookin Upham, which was accepted with 
appropriate remarks by the president, and with a vote of thanks 
to the executors, moved by Judge Dana. 

Adjourned till 2 o'clock p. m. 



AFTERNOON SESSION. 



The society met according to adjournment, the president in 
the chair. 

The chair announced as the committee to consider changes 
in the constitution and by-laws, Messrs. S. Dana, John Kimball, 
and Amos Hadley. 

The committee on the nomination of new members was 
enlarged by the appointment thereto of Albert L. Batchellor of 
Littleton, Dr. Irving A. Watson and Isaac W. Hammond of 
Concord. 

The following resolution was adopted : , 

Resolved, That Messrs. J. B. Walker, J. E. Pecker, Moody Currier r 
E. H. Spalding, Geo. L. Balcom, and Wallace Hackett, be a committee 
to take such measures as to them may seem proper to increase the 
income of the librarian's fund, and that they make report at the 
adjourned annual meeting of the society, to be held at Concord on the 
16th day of July next. 

On motion of Mr. J. B. Walker, it was resolved that when 
the society shall adjourn this afternoon, it do so to meet again 
on Wednesday, July 16th, 18S4, at 11 o'clock a. m. 

On motion of the same gentleman, the matter of securing a 
librarian was referred to the library committee and present 
librarian, with instructions to report at the next meeting. 

Adjourned till Wednesday, July 16, 18S4. 



ADDRESS 

OF 

Charles W, Tuttle, Ph. D„ 



ON THE 



200th ANNIVERSARY 

OF THE ESTABLISHMENT OF THE ROYAL PROVINCIAL 
GOVERNMENT OF NEW HAMPSHIRE. 



The Proceedings of the Special Meeting of the Society, con- 
vened at Portsmouth, on the 29th December, 1880, at which this 
address was delivered are given on page 215. Mr. Tuttle 
kindly acceded to the request of the Society for a copy of the 
address for publication, but desired to retain it for a time in order 
to make some additions to it. But, by reason of his many 
employments, and of his lamented death, the intended additions 
were never completed, and the address itself was mislaid, so that 
it could not be inserted in its proper place in the Proceedings. 
Having since been recovered, it is here given as it was delivered. 



ADDRESS. 

The event which we commemorate on this occasion is the most 
memorable in the annals of New Hampshire. This event is 
no less than the organization of the first lawful government 
over the Province of New Hampshire, the establishment 
of a political existence which has now endured for two 
centuries. It is no less an event than the emancipation of the 
first generation of settlers on this soil from the bondage of an 
usurper, and the recovery of their birthright and independence. 
vol. tx. 24 



34Q 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



The year 1680 is commonly regarded as the end of the first 
period of New Hampshire history. It seems to me this period is 
properly divided into two. The first, beginning in 1623 and end- 
ing in 1 64 1, during which the first settlements were made, and 
four towns had arrived at maturity. The second period begin- 
ning with the extension of the jurisdiction of Massachusetts over 
the towns and the entire province, and ending with the establish- 
ment of a government over New Hampshire, raising it to the 
dignity of a British Province in the year 1680. I shall now 
briefly consider the events of these two periods, particularly those 
leading to the establishment of a royal government in 1680. 

In the year 1620 James I of England granted to forty persons, 
consisting of nobles, knights, and gentlemen, all the territory in 
North America lying between 40 and 48 degrees north latitude, 
and between the Atlantic and Pacific oceans, with power to 
govern the same. This association was styled "The council 
established at Plymouth, in the county of Devon, for the planting, 
ordering, ruling, and governing of New England in America." 
To this vast extent of territory was given the name New England. 
Except a few scattered English settlements on the coast of Maine, 
it was still an unbroken wilderness throughout. The council 
proceeded to make small grants of their territory along the Atlantic 
coast to such Englishmen as desired to make plantations in 
America. In 1622 this council granted to Capt. John Mason, 
who had just returned to England from Newfoundland, where he 
had been governor of a colony of English for seven years, all 
the land lying along the Atlantic from Naumkeag River to the 
Merrimack River, and extending back to the heads of those rivers. 
This tract of land was then and there named Mariana, and I 
submit, in compliment to the Spanish Infanta, to whom Prince 
Charles of England was then affianced, and not in compliment to 
the Princess Henrietta Maria, as historians will have it. In 1622 
the council granted to Capt. Mason and Sir Ferdinando Gorges 
all the land lying between the Merrimack River and the Kennebec 
River, extending sixty miles inland, and this was called the Prov- 
ince of Maine. This grant included what was afterward New 
Hampshire. Seven years later, in 1629, Mason and Gorges 
divided their grant of the Province of Maine, Mason taking that 
part lying between Ihe Merrimack River and the Piscataqua River, 



*• \ 



ADDRESS OF CHARLES W. TUTTLE, PH. D. 



341 



and naming it New Hampshire. The council confirmed this to him 
by a grant. This is the first appearance of the name New Hamp- 
shire in New England, and it survives to-day, the only name of 
an English county applied to any of the states. 

In 1628, the council granted to several persons or associates, 
known afterwards as the Massachusetts Bay, a tract of land lying 
between Charles River on the south and the Merrimack River on 
the north, and extending three miles beyond these two rivers, and 
east and west from the Atlantic to the Pacific ocean. The 
council had never hitherto made a grant of such an enor- 
mous extent of territory and of limits extending beyond the rivers 
that bounded it. A patent so ample was regarded with astonish- 
ment, especially as it covered Mason's patent, Mariana, and also 
Capt. Robert Gorges's patent of Massachusetts Bay. This mis- 
chievous grant not only broke up the council at last, but gave 
trouble for one hundred years to all the colonies that bounded on 
it. In the spring of 1623, David Thomson, with a small com- 
pany, established themselves at Little Harbor, at the mouth of 
the Piscataqua River, on the large grant that had been made to 
Mason and Gorges only the year before. So far as known this is 
the first settlement in this state. About the same time a settle- 
ment was made at Dover. For fourteen years these were the 
only settlements in New Hampshire. Hampton was settled in 
1637 by people from Massachusetts. Exeter in .1638 by Wheel- 
wright and others banished from Massachusetts. Capt. Mason 
had great expectations of making his province worthy of his 
efforts. His employment at home as paymaster and treasurer of 
the army in the wars with Spain and France had prevented his 
visiting his American province. He had sent agents and servants 
with all necessary articles to make a plantation and look for mines. 
In 1635 ^ e was mac ^ e y i ce admiral of New England, and was 
preparing to come hither when he fell ill and died, to the great 
comfort of Massachusetts Bay. He was an unflinching royalist 
and churchman, a neighbor that the bay much disliked. 

No sooner was Mason dead, than dreams of aggrandizement 
were heard in the Bay. They had discovered that the Merrimack 
River, after running westerly thirty or forty miles, turned northerly 
and ran fifty or sixty miles in that direction. They construed their 
patent to mean that their northern bounds should be three miles 



< . 



342 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



north of the northernmost point of Merrimack River, and from that 
point run east to the Atlantic Ocean and west to the Pacific. It 
was plain enough to see that such a construction would not only 
take into their jurisdiction all Mason's patent, but most of Gorges's 
in Maine. Their east line ran into Casco Bay. and all south of 
it, to the Pacific Ocean, was Massachusetts. They notified the 
people of New Hampsire that they were living within their patent, 
and threatened them that they would look into their northern 
boundaries, and would see how far north the Merrimack River 
extended. 

The first thing was to seize upon the fair lands in Mason's 
patent, called by the Indians Winnicowitt, and grant it to their 
people. In 1639, they incorporated it a town, by the name of 
Hampton, and its allegiance was always claimed by the Massachu- 
setts government. Massachusetts had resolved to get the three 
other towns under her jurisdiction by her policy of intrigue, 
without actual force. Portsmouth was strongly Episcopalian, and 
Episcopalians were Royalists. Dover was divided, part Episco- 
palian and part Puritan. Exeter and Hampton were Puritans. 
She began to intrigue with Dover, and the Puritan element fell 
into her embrace taking along with them the Royalists. Ports- 
mouth was persuaded to follow Dover, some of the leading loyal 
ists having been first tampered with by the Puritan agents of 
Massachusetts. Portsmouth and Dover yielded to the jurisdiction 
of Massachusetts in 1641 ; Hampton was already there, but 
Exeter held out till 1643. 

New Hampshire, or Mason's patent, as it was frequently called, 
was now entirely wiped out from the political map of New 
England. The only power to remedy this great abuse was 
in the King of England. He was now in arms and about to 
enter into a death struggle with the Puritan parliament. The 
heirs of Capt. John Mason were young, the eldest not above ten 
years of age. Massachusetts, having gotten these four towns into 
her jurisdiction, then made her territory into counties. She 
formed all the towns north of the Merrimack River, including 
Portsmouth, Dover, Exeter, and Hampton, into one county, and 
named it Norfolk. 

Prior to 1 641, no general government had ever been placed 
over the towns. Each settlement, except Hampton, had asso- 



ADDRESS OF CHARLES W. TUTTLE, PH. D. 



343 



dated and agreed upon articles by which they would be governed 
till the King should otherwise direct. The jura regalia were in 
the King. Capt. Mason was expecting the destruction of the 
charter of Massachusetts, and that a general governor would be 
placed over New England. This would have secured to his 
province all the government that was needed. A period of nearly 
forty years now followed, during which the name of New Hamp- 
shire was seldom if ever heard. New generations had come upon 
the soil, and the people had become hardened into Puritan 
usages. 

The restoration of Charles II to the throne of England, in May 
1660, was received in all the New Hampshire towns with joy by the 
Royalists that remained, and by all those who longed for emancipa- 
tion from the yoke of Massachusetts. The Puritan element joined 
Massachusetts in deploring the event. In the month of July that 
colony received authentic information that the King was on the 
throne of his ancestors, and immediately received into its bosom 
two of the flying regicides. More than a year elapsed before his 
majesty was proclaimed King in that jurisdiction. The time had 
now arrived when those persons, and those colonies in New England 
which had been aggrieved by the acts of Massachusetts, could apply 
for redress in England. The King was ready to hear the com- 
plaints of his loyal subjects and do them justice. No one having 
interests in New Hampshire had greater and longer grievances than 
Robert Mason, grandson and heir of Capt. John Mason, the 
founder and proprietor of the province. His estate extended 
from the waters of the Piscataqua to the Naumkeag River, and 
every inch was then under the jurisdiction of Massachusetts. 
The first step towards recovering his estate was to get rid of the 
jurisdiction of Massachusetts and restore to the King his jura 
regalia. The sympathy and good wishes of all the inhabitants 
impatient of Puritan rule went with him, but they were unable to 
assist him beyond expressing their wishes. A great political ques- 
tion was involved in Mason's undertaking. His action, if success- 
ful, might lead not only to the recovery of his estate, but to the 
independence of New Hampshire ; but if unsuccessful, then 
farewell to the province forever. What had been designed for a 
British province in New England had been for many years 
converted into a frontier county of Massachusetts. New 



344 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Hampshire could not be found on any political map of New 
England. 

Robert Mason set about his designs with a spirit worthy of his 
ancestors. He suffered nothing to turn him aside. Before the 
end of the first year of his majesty's reign, he presented his claim 
for the territory of New Hampshire, in its fullest extent, to the 
King. His majesty submitted its legal aspect to his attorney- 
general, who soon reported that " Robert Mason, grandson and 
heir of Capt. John Mason, had a good and legal title to the 
province of New Hampshire." All well so far; but how was 
Mason to get possession of it? Massachusetts, the most powerful 
cclony in New England, had long been in possession of the 
province, claiming it to be within her patent and jurisdiction. 
Here was a new and untried difficulty, and before any solution 
had been reached his majesty had been advised to send commis- 
sioners to New England, with authority to examine the many 
complaints which had been made to him, determine them where 
they could, and where they could not, report the facts to his 
majesty for his determination. Four commissioners were sent in 
1664 and were well received in all the colonies, except Massa- 
chusetts, where they met with steady opposition. The King gave 
them no directions concerning Mason's claim to the territory of 
New Hampshire, neither did he forbid their attempting to com- 
pose the difficulty. Massachusetts having refused to treat with 
them on any question where she was concerned, nothing was 
attempted by way of negotiation. 

In June, 1665, the royal commissioners passed into New 
Hampshire on their way to Maine. The inhabitants received 
them kindly, and those opposed to the rule of Massachusetts, 
prayed the commissioners to deliver them from that colony. 
They received a petition signed by about thirty inhabitants of 
Portsmouth, among whom were Champernowne, Pickering, Sher- 
burne, Hunking, and many other well known persons, setting 
forth their grievances under Massachusetts laws and fanaticism, 
which had become oppressive, and praying for relief. Another 
petition, addressed to the King, was placed in their hands. It 
was signed by inhabitants of the four towns, praying his Majesty 
to take New Hampshire under his royal protection, that they 
might be governed by the laws of England. The commissioners, 



ADDRESS OF CHARLES W. TUTTLE, PH. D. 



345 



being satisfied that Massachusetts was but an usurper in that 
province, appointed justices of the peace, in the King's name, 
with power to act under the laws of England, and to continue 
until the King's pleasure should be made known, and departed 
into Maine. Massachusetts hastened to undo all that the com- 
missioners had done in New Hampshire. 

That colony, seeing that Mason was persistent in seeking to re- 
cover from its grasp the Province of New Hampshire, now resorted 
to intrigue with Mason's agent, living at Portsmouth. They first 
despatched their secretary, Edward Rawson, to Joseph Mason, 
and afterwards Robert Pike. Their final proposition was to sur- 
render to Robert Mason his lands if he would consent that 
Massachusetts jurisdiction might continue over them. Robert 
Mason unhesitatingly rejected the proposition when it was com- 
municated to him. He had no wish to live under such a govern- 
ment ; he desired to restore his province to the jurisdiction of 
English laws. Had Mason then and there yielded, there had been 
an end to New Hampshire. After some years, no progress hav- 
ing been made with the adjustment of the claim, Mason presented 
a petition to the King, stating that he had received no satisfaction 
and was wearied with the delay, Gorges had been equally unsuc- 
cessful in recovering out of the grasp of Massachusetts his prov- 
ince of Maine. The King despatched copies of these complaints 
by the hands of Edward Randolph to the magistrates of Boston, 
and required from them an answer to Gorges's and Mason's 
claims. The colony sent agents to England to make answer. 
The matter was referred to the Lord Chief Justices of England to 
hear and determine. To the surprise of all, the Massachusetts 
agents disclaimed title to the soil, but contended for jurisdiction 
over the province. The judges decided that the jurisdiction of 
Massachusetts went no farther than the boundaries expressed in 
the patent, and those boundaries, the judges said, cannot be con- 
strued to extend further northward along the river Merrimack than 
three English miles. This decision was approved by the King, 
and there was an end to Massachusetts jurisdiction over so much 
of New Hampshire. 

No sooner was this decision reached than the Massachusetts 
agents made application to the King to settle the four towns, 
Portsmouth, Dover, Exeter, and Hampton, under Massachusetts, 



346 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



at the same time stigmatizing the " inhabitants of those towns as 
few and of mean estate," and therefore of little consequence to 
any one. Massachusetts bestirred herself and procured petitions to 
be signed by some inhabitants in all the towns, requesting this to 
be done, and forwarded the same to their agents in London, who 
presented them to the Lords of the Committee for Trade and 
Plantations, but it was to no purpose ; the King had resolved that 
Massachusetts should have no more territory or jurisdiction. The 
colony agents had approached Mason to buy his interest in the 
province while the matter was pending before the Lord Chief Jus- 
tices, and he refused to sell to them. They were more success- 



ful with Gorges. 



Mason was bound to stand by his 
He had now pursued them since the 
before. It was his earnest desire that 



interests in 
restoration. 



the Province. 
eighteen years 



the 



King 



should establish 

his government over the province,, and at length his wishes were 
gratified. In July, 1679, tne King wrote to the colony of Massa- 
chusetts, rebuking them foi having purchased, without his knowl- 
edge or consent, Gorges's Province of Maine, and bade them pre- 
pare to deliver it to him, when he should be ready to receive it. 
He told them they need not expect the Province of New Hamp- 
shire would be annexed to that colony ; that he had in view the 
establishing there such method as would benefit and satisfy the 
people of that place. He ordered the colony to recall all the 
commissions they had granted for governing New Hampshire, and 
thus prepared the way for his royal government. The four towns 
in the Province now awaiting the new government contained only 
about 4,000 inhabitants, although Portsmouth and Dover had been 
settled nearly sixty years before, and Hampton and Exeter forty 
years. No new settlement had been made while under the juris- 
diction of Massachusetts, proof enough of the blighting effect of 
Puritan rule over this Province. Most of the present inhabitants 
never knew any other government than Massachusetts, having been 
born and reared under it. But among the aged, forty years' cap- 
tivity had not entirely destroyed their love and reverence for the 
English Church and the English laws. 

It is a singular fact that the chief trade of the province at this 
time was in masts, planks, boards and staves. Fishing seems to 
have been laid aside altogether. The new government immedi- 



ADDRESS OF CHARLES W. TUTTLE, PH. D. 



347 



ately urged his majesty to make the river a free port, and annex 
the south half of the Isles of Shoals. Charles II and his minis- 
ters had now resolved to establish a government over that part of 
the Province of New Hampshire, which had been determined to 
lie outside the northern bounds of Massachusetts jurisdiction, and 
which contained within its limits only four towns, namely : Ports- 
mouth, Dover, Hampton and Exeter. 

Among the considerations that led his majesty to this undertaking 
were the petitions of the loyal inhabitants sent to him from time to 
time, asking to be taken into his immediate care and protection ; 
the determination to see that his faithful subject, Robert Mason, 
had that justice done him which he had so long prayed for ; and 
the preservation of those forests in the province which had 
yielded for the royal navy during many years the finest masts in 
the world. At that time three species of colonial government 
were in vogue among the British Colonies in America. There 
were the chariered governments, like Massachusetts and Connec- 
ticut ; there were the proprietary governments, like the Provinces 
of Maine and Maryland ; and there were the provincial govern- 
ments, like New York and Virginia. 

A provincial or royal government consisted of three branches, a 
governor or president and a council, both nominated and 
appointed by the King, and an assembly chosen by the people. 
It is manifest, that in this form of government the just preroga- 
tives of the Crown and the constitutional privileges of the people 
are equally attended to. Such a government had been estab- 
lished in Virginia as early as 1619, and was hailed with applause. 
It has the distinction of being the first legislative assembly in 
America. It was an auspicious day for New Hampshire when 
Charles II adopted for it a provincial government, a government 
that continued over it for almost a hundred years. There had 
never been in New England, and there never was afterward, a 
government of this kind. New Hampshire has the distinction of 
being the only royal government this side of the Hudson River, 
a government administered by the King's Commission, in the 
hands of his lieutenant. The King was extremely desirous to 
compose the differences likely to arise between the inhabitants of 
the province and Mason, the proprietor. He points out, in the 



348 NEW HAMPSHIRE HISTORICAL SOCIETY. 

commission, with some detail, what he wishes the president and 
council to do in the matter. 

The Royal Commission for the government of the province of 
New Hampshire is dated Westminster, 18 S^pt., 1679. It is in 
the form of other commissions for government, and is briefly as 
follows : " It inhibits and restrains the jurisdiction exercised by the 
Colony of Massachusetts over the towns of Portsmouth, Dover, 
Exeter and Hampton, and all other lands extending from three 
miles to the northward of the River Merrimack, and of any and 
every part thereof, to the Province of Maine ; constitutes a presi- 
dent and council to govern the province ; appoints John Cutt, 
Esq., president, to continue one year, and till another be ap- 
pointed by the same authority ; Richard Martyn,* Willian Vaughan 
and Thomas Daniel of Portsmouth, John Gilman and Christopher 
Hussey oLHampton, and Richard Waldron of Dover, Esquires, 
to be of the council, who were authorized to choose three other 
qualified persons out of the several parts of the province, to be 
added to them. The said president, and every succeeding one, to 
appoint a deputy to preside in his absence ; the president or his 
deputy, with any five, to be a quorum. They were to meet at 
Portsmouth in twenty days after the arrival of the commission, and 
publish it. They were constituted a Court of Record for the ad- 
ministration of justice, according to the laws of England, so far as 
circumstances would permit, reserving a right of appeal to the 
King in council for actions of ^50 value. They were empow- 
ered to appoint military officers and take all needful measures for 
defence against enemies. Liberty of conscience was allowed to 
all Protestants, those of the Church of England to be particularly 
encouraged. For the support of government, they were to con- 
tinue the present taxes, till an assembly could be called ; to which 
end they were, within three months, to issue writs under the prov- 
ince seal for calling an assembly, to whom the president should 
recommend the passing of such laws as should establish their 
allegiance, good order and defence, and the raising of taxes in 
such manner and proportion as they should see fit. All laws to be 
approved by the president and council, and then to remain in 
force till the King's pleasure should be known, for which purpose 
they should be sent to England by the first ships. In case of the 

* Of Exeter. 

Note. The * should have been placed after the name of John Gilman instead of Rich- 
ard Martyn. 



ADDRESS OF CHARLES W. TUTTLE, PH. D. 349 

president's death, his deputy to succeed, and on the death of a 
councillor, the remainder to elect another and send over his name, 
with the names of two other meet persons, that the King might 
appoint one of the three. The King engaged for himself and 
successors to continue the privilege of an assembly in the same 
manner and form, unless by inconvenience arising therefrom he 
or his heirs should see cause to alter the same. If any of the 
inhabitants should refuse to agree with Mason or his agents, on the 
terms stated in the commission, the president and council were 
directed to reconcile the difference or send the case, stated in 
writing, with their own opinions, to the King, that he, with his 
Privy Council, might determine it according to equity." 

Who suggested to the King the names for president and coun- 
cil does not appear, but there were not in the whole province 
straighter Puritans or firmer friends of the Massachusetts Colony. 
They were avowed enemies of the Anglican Church, and they 
loved the laws and jurisprudence of England none too well. 
Everyone had been in office under Massachusetts during the usur- 
pation, and everyone had signed the recent petitions sent to the 
King, praying to remain under the jurisdiction of Massachusetts. 
They hated Mason for detaching the province from Massachusetts, 
and they hated his claim to the soil more. All had gained con- 
siderable estates, mainly by commercial transactions. The plant- 
ers of New Hampshire had no representative in the executive part 
of this new go»ernment. The Massachusetts Puritans must have 
smiled grimly when they came to see the names of their old com- 
patriots in the royal commission. 

Charles II and his ministers had been completely duped; and 
they found it out before the first year of the administration had 
ended. All the members of the executive government were born 
in England, and were now advanced in years. They had lived in 
the Province between thirty and forty years, and were well known 
in every part of it. John Cutt, named president in the royal com- 
mission, was one of three enterprising brothers whose names were 
already conspicuous in the commercial annals of Portsmouth. 
His whole life had been passed in commercial adventures. The 
sails of his vessels had whitened every sea known to the com- 
merce of New England. He had long been known as an emi- 
nent and opulent merchant. He was now well advanced in years, 



35<> NEW HAMPSHIRE HISTORICAL SOCIETY. 

and lived in Portsmouth, the commercial metropolis of the prov- 
ince. Mis spacious homestead on Strawberry Bank was part of 
the lands which had been reduced to cultivation by the agents of 
Capt. Mason half a century ago. President Cutt had not seen 
much of public life. He appears to have avoided it. Once only 
had he been a member of the great and general court, and after 
a few days' service he got excused from further attendance. Oc- 
casionally he was a commissioner of the county court, and ofcen 
a selectman of Portsmouth. In 1663, the town elected him con- 
stable, but he refused to accept and paid his fine, five pounds. 
He was an active and a conspicuous member of the Rev. Joshua 
Moody's church. His name stands with the original members. 

Richard Waldron, one of the council, had no equal in the 
whole province. He had been a longer resident in the province 
than any other member of the board, and was a steady adherent 
to Massachusetts. He had been many years a member of the 
general court and seven years speaker of the house of deputies. 
He was strongly opposed to Mason's interest ; and his influence in 
New Hampshire had always been great. The other five members 
of the council namecl in the commission, Richard Martyn, Wil- 
liam Vaughan, Thomas Daniel, John Oilman and Christopher 
Hussey, were gentlemen who had had considerable experience in 
the local government under Massachusetts. The Royal Commis- 
sion having passed the seals, the King wrote a letter to the presi- 
dent and council, and placed both with the provincial seal, in the 
hands of Edward Randolph, to carry to the Province of New 
Hampshire. The King also gave Randolph a portrait of his majesty, 
and the royal arms to be set up at the seat of government in the 
province. Randolph placed these somewhat bulky articles on a 
New England vessel which never reached its destination, and thus 
New Hampshire was deprived of these memorials of royalty. 

Randolph's route lay by the way of New York. He sailed from 
England the last of October and arrived in Portsmouth on the 
27th of December, 1679, little more than three months after the 
Royal Commission had passed the seals. Randolph at once pre- 
sented himself to Mr. John Cutt, "a very just and honest man," 
says Randolph, and acquainted him with his royal errand. Cutt 
lost no time in sending summons to the members of the council 
named in the commission to meet at his house and receive from 



ADDRESS OF CHARLES \V. TUTTLE, PH. D. 35 I 

Randolph his majesty's communications. On the first day of 
January, 1680, the council assembled, and Randolph placed in 
their hands his majesty's letter, and the Royal Commission for 
the government of the province. The letter and commission 
being read, most of the council desired time to consider whether 
they would accept. Waldron and Martyn were decidedly opposed 
to the commission. President Cutt and John Gilman of Exeter 
were ready to accept the commission. Nearly three weeks were 
spent in deliberating the matter by the hesitating members of the 
council. At last, seeing that the president was determined to or- 
ganize the government within the time required by the commis- 
sion, and that their places were likely to be filled by others, they 
accepted and took the oaths of office on the 21st of January. 
Meantime Cutt notified the inhabitants of the province to assem- 
ble at Portsmouth on the 2 2d day of January, and hear his maj- 
esty's commission read and proclamation made of his majesty's 
having received the Province of New Hampshire under his 
gracious favor and protection. This must have been a memorable 
day in Portsmouth, for it recorded that great acclamation and 
firing of cannon followed the announcement that they were 
under his majesty's government. 

On that day the organization of the executive government was 
completed. The president made choice of Richard Waldron as 
deputy president, and the number of the council was made com- 
plete by the election of three new members. Proclamation was 
then made that all persons holding office in the province should 
continue in their places until further orders be taken by his maj- 
esty's government. The next step was to summon an assembly. 
A warrant was despatched to the selectmen of all the towns, then 
only four in number, requesting them to send to the president and 
council a list of the names and estates of the inhabitants. This 
being done, the council selected from the selectmen's list the 
names of such persons as they judged qualified to vote for assem- 
blymen, and returned these names to the selectmen. Great com- 
plaint was made that many fit persons were deprived of the elective 
franchise. It is easy to see that the council had an opportunity to 
make the assembly, and probably did so. The election was or- 
dered to take place March 9, and no' above three persons for the 
assembly were to be chosen in any town. 



352 NEW HAMPSHIRE HISTORICAL SOCIETY. 

The members of the assembly were summoned to appear at 
Portsmouth, on March 16. to attend to his majesty's service. On 
that day the first legislature in New Hampshire assembled and 
was organized. It consisted of nine persons, two from Exeter, 
and three from each of the other towns. Thus, in two and one- 
half months after the arrival of the royal messenger with the com- 
mission, the government was completely organized over the prov- 
ince, a government that was destined to continue, with but few in- 
terruptions, for a hundred years. New Hampshire was restored 
to her place on the political map of New England, never again to 
disappear. She was raised to the dignity of a British Provuace in 
America. 

Portsmouth had the honor to be the seat of government during 
the entire period of the royal government. These were the scenes 
of all that was splendid in a provincial court. Portsmouth gave 
of her citizens the chief of the new government, John Cutt, and 
she also gave the last, Sir John Wentworth. The royal govern- 
ment was succeeded by a Republican government, whose centen- 
nial is at hand. Esto Perpetua. 



NEW HAMPSHIRE SOLDIERS 

AT THE 

BATTLE OF BUNKER HILL. 



READ BY SAM'L T. WORCESTER, 

AT THE ANNUAL MEETING OF THE NEW HAMPSHIRE 
HISTORICAL SOCIETY, JUNE 14, 1882. 



It is well known, as a matter of public history, that upon the 
" alarm " consequent upon the battle at Lexington, on the 
memorable 19th of April, 1775, man Y hundreds of the patriotic 
minute men and yeomanry of New Hampshire promptly hastened 
to Cambridge, and other points near Boston, to aid their brethren 
of the other colonies in defence of their common rights and 
liberties. Upon the first news of this " alarm," many of the 
New Hampshire volunteers, without any previous law of the 
province authorizing or requiring it. at once mustered at the 
parade grounds within their several towns, formed themselves into 
companies under officers of their own choice, and forthwith 
marched to the headquarters of the army. Hundreds of others, 
without being organized into military companies, also hastened to 
unite with their brothers in arms. 

The Third New Hampshire Congress, so called, met at Exeter, 
April 21st, two days only after the battle at Lexington, and con- 
tinued in session until the 21st of May. A part only of the towns 
in the province being represented in it, but little was or could be 
done by that convention in respect to raising and organizing 
troops (N. H. Prov. Papers, Vol. 7, 455, 456). Yet this convention, 
by unanimous vote, on the very first day of its session, appointed 
Col. Nathaniel Folsom to the chief command of such troops as 
had gone or might go from New Hampshire to aid their suffering 



354 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



brethren in Massachusetts, and also to order for such troops all 
needful supplies (Vol. 7, Prov. Papers, 454). On the 23d of April, 
Major Andrew McClary, afterwards of Col. Stark's regiment (and 
who was killed at Bunker Hill), wrote to this congress from the 
army headquarters at Cambridge, that at that date (but four days 
after the battle of Lexington), " there were then present with the 
" army about 2000 brave and resolute New Hampshire men, from 
" the interior of the province, full of vigor and blood, but then 
" laboring under great disadvantage for the want of field officers, 
" and urging the congress to appoint them at once to prevent un- 
easiness and desertion" (Prov. Papers, Vol. 7, 460). About the 
same time this New Hampshire convention received a letter, also 
dated April 23d, from Gen. Warren, then president of the Massachu- 
setts congress, informing them that that congress had unanimously 
voted that it was their duty at once to establish an army for the 
defence of the rights of the colony — that a force of 30,000 
should be raised in New England, of which 13,000 would be 
raised in that province, and telling the New Hampshire conven- 
tion that their brethren in Massachusetts had no doubt of the 
patriotism of the colony of New Hampshire, and urging the 
speediest concurrence and aid in the common defence (Prov. 
Papers, Vol. 7, 456). 

On the 26th of April, on reading the foregoing letter, the New 
Hampshire convention appointed Colonels Folsom, Bartlett, and 
Hobart a committee to the Massachusetts congress with a lettter, 
informing that bo :!y that before the receipt of the letter of Gen. 
Warren, " Many New Hampshire men, fired with zeal for the 
" common cause, and resentment at the inhuman barbarity of 
" their enemies, had hastened at once to their aid, and that vast 
" numbers more had been stopped on their march on hearing that 
" they were not then needed." * * * This letter farther adds, 
"That the New Hampshire congress then assembled, though 
11 heartily willing to contribute in every advisable way to the aid of 
"the common cause, had judged that it was not expedient for that 
" body to determine upon the establishment of an army, as all the 
11 towns in the province were not generally ox fully represented. * 
" * * But that in the meantime it had been recommended to 
" the several towns in the province to supply the men who had 
" gone from them with provisions and necessaries, if their con- 



NEW HAMPSHIRE SOLDIERS AT BUNKER HILL. 



355 



tinuance should be thought needful." * * * This letter fur- 
ther informed the Massachusetts congress that a new congress had 
been called for New Hampshire, to meet at Exeter on the 17th of 
May, in which the Province would be fully represented, and that 
there could be no doubt that the new congress would co-operate 
with the rest of the people of New England in all measures need- 
ful for the common safety (Prov. Papers, Vol. 7, 467). On the 
same 26th of April this convention unanimously voted : That it 
be recommended to the several towns in the province to engage 
as many men in each town as they thought fit, to be properly 
equipped and ready on any emergency to march at a minute's 
warning (Prov. Papers, Vol. 7, 462). On the 7th of May, supposed 
to be the last day of the session, it was " Voted that in the pres- 
" ent emergency, it be recommended by the convention not to 
" discourage persons inhabitants of this province from enlisting in 
" Massachusetts service." (Prov. Papers, Vol. 7, 466.) 

DOINGS OF THE FOURTH NEW HAMPSHIRE CONGRESS. 

The Fourth New Hampshire Congress met, as contemplated, 
at Exeter, on the 17th of May, all parts of the province being rep- 
resented, and on the 20th of May, the fourth day of the session, 
" Voted to raise 2,000 effective men, inclusive of those then in the 
" service, and that, if 2,000 were not the full proportion of the 
" province, the convention would be ready to make the proper 
" addition." (Prov. Papers, Vol. 7, 477.) Afterwards, on the 31st 
of May, it was voted that this force should be divided into three 
regiments and each regiment into ten companies as equally as 
convenient. Of these regiments Enoch Poor was appointed 
colonel of the Second on the 24th of May ; James Reed of the 
Third on the 1st of June, and on the 3d of June John Stark of 
the First. (Prov. Papers, Vol. 7, 483, 496, 503.) At the date last 
named, Nathaniel Folsom was appointed brigadier-general of the 
three regiments, Gen. Folsom himself to be under the com- 
mander-in-chief of the New England forces. Most of the New 
Hampshire soldiers who had marched to the headquarters of the 
New England troops between the 19th of April and the 17th of 
May, had been organized into two regiments, under the authority, 
it appears, of the Massachusetts congress, with the acquiescence, 
if not the direct approval, of the New Hampshire convention, 
vol. ix. 25 



35 6 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



with the understanding, however, that when properly mustered into 
the service they should form part of the New Hampshire quota. 
(Belknap, 359 ; Prov. Papers, Vol. 7, 466, 474.) 

THE FIRST AND THIRD NEW HAMPSHIRE REGLMENTS. 

The First New Hampshire Regiment, under Col. Stark, was 
organized and stationed at Med ford ; the Third, under Col. Reed, 
previous to the battle of Bunker Hill, was near Charlestown Neck, 
both within about an hour's march of the battle grounds. Colonels 
Stark and Reed were both first commissioned by Massachusetts. 
(Kidder's Hist, ist N. H. Reg't, 2.) Col. Reed, as we have seen, 
was afterwards commissioned by the New Hampshire convention 
on the 1 st of June and Col. Stark on the 3d. 

So far as I have been able to learn from the many histories of the 
battle of Bunker Hill, these two New Hampshire regiments were 
the only entire regiments present in the battle, the rest of the forces 
engaged consisting of detachments more or less numerous, from the 
Massachusetts and Connecticut regiments then at Cambridge. As 
the regiments of Reed and Stark comprised all the New Hamp- 
shire soldiers known to have been in the battle, except the com- 
pany from the town of Hollis in the regiment of Col. Prescott and 
parts of a few other companies in the same regiment, it becomes 
essential to the present enquiry to ascertain, as nearly as may be, 
the respective numbers of these regiments. 

THE REGIMENT OF COL. REED. 

In respect to the number of men in the regiment of Col. Reed, 
the question is readily solved. In Frothingham's History of the 
Siege of Boston (pp. 187, 404) it is stated that on the 14th of 
June, three days before the battle, this regiment consisted of 486 
men, rank and file, divided into ten companies, varying from 44 to 
59 men in each. In an interesting and exhaustive paper by E. H. 
Derby, Esq., of Boston, entitled, "New Hampshire in the Revolu- 
tion" read before the New England Genealogical and Historical 
Society in January, 1877, the number of men in this regiment is 
stated the same as by the historian Frothingham. Also in a re- 
turn of his regiment made by Col. Reed himself to the New 
Hampshire convention, on the same 14th of June, it is shown that 
it then consisted of ten companies, including two companies just 



l 



NEW HAMPSHIRE SOLDIERS AT BUNKER HILL. 



357 



before transferred to it from that of Col. Stark, and making in all 
486 men, as stated in the Siege of Boston. (Prov. Papers, Vol. 7, 
517; N. E. Gen. and Hist. Reg., No. 121, p. 35.) 

THE REGIMENT OF COL. STARK. 

But in respect to the number of men in the regiment of Col. 
Stark, the question is much less easily solved. No return of this 
regiment by Col. Stark can be found in the offices at Concord or 
elsewhere. (Frothingham, 156.) In a letter written to the New 
Hampshire convention by Gen. Folsom, on the 23d of June, but 
six days after the battle, he informed the convention that Col. 
Stark had repeatedly and absolutely refused to make any return. 
(Prov. Papers, Vol. 7, 528.) But it appears from a letter of Col. 
Stark himself, written from his headquarters at Medford, on the 
previous 18th of May, "that he then had 584 men besides drura- 
" mers and fifers, and that the remainder of his men were hourly 
"expected." (Prov. Papers, Vol. 7, 474.) A list of this regiment, 
as containing ten companies, with the names of the captains, is to 
be found in Frothingham's Siege of Boston, p. 402, and the same 
list of companies and captains is to be seen in the N. H. Adju- 
tant-General's report for 1866, Vol. 2, 265 ; but the number of men 
in the several companies is not stated, and there can be no doubt, 
from other evidence, that this return of the list of the companies 
was made upon the re-organization of the army in the month of 
July, some weeks after the battle. (Frothingham, p. 220.) It may 
be stated in this connection that on the 3d of June, about two 
weeks before the battle, the New Hampshire convention voted : 
That ten companies of 62 men each, then at Medford, should be 
the First Regiment and that John Stark should be its colonel. 
(Prov. Papers, Vol. 7, 503.) 

Mr. Kidder, in his history of this regiment, tells us that Col. 
Stark, under his Massachusetts commission, enlisted 800 men, who 
were divided into 14 companies. (Kidder, pp. 2, 3.) If these 
companies were equal they would average 57 to each. Two of 
these companies, shortly before the battle, as we have seen, were 
transferred to the regiment of Col. Reed, one of them, under 
Capt. Thomas, having 46 men, the other having 59, commanded 
by Capt. Whitcomb. (Frothingham, 405 ; Prov. Papers, Vol. 7, 
418.) 



3S» 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Frothingham, in his Siege of Boston, speaks of Col. Stark's 
regiment as large and full (p. 186) and the historian Bancroft, 
in his history of the battle, says that Col. Stark, next to Col. 
Prescott, brought the largest number of men into the field. (Ban- 
croft, 7, 419.) 

Gen. Folsom, in his letter to the New Hampshire convention of 
June 23d, in which he told the convention that Col. Stark had 
refused to make any return, also stated that his regiment then 
consisted of 13 companies. And in a second letter, dated June 
25th, Gen. Folsom again informs the convention that Col. Stark 
at that time had three supernumerary companies, and asked the 
convention for orders in respect to them. (Prov. Papers, Vol. 7, 

PP. 5 28 > 53°-) 

Gen. Henry Dearborn, who was captain of one of Col. Stark's 
companies in the battle, and who wrote an account of it for the 
Port Folio, in 181 7, tells us that Col. Stark had with him in the 
battle 13 companies. By the rules established by the New Hamp- 
shire convention a full company consisted of 62 men. If these 
companies were full, the regiment should have consisted in all of 
806 men. 

As we have already shown, Col. Stark himself refused to make 
any return of his regiment, and there is no evidence now to be 
found that any return was ever made by him. But, fortunately, 
among the original rolls and documents of the Revolution, 
within the office of the adjutant-general of New Hamp- 
shire, there is to be found a return of Henry Parkinson, 
the quartermaster of Col. Stark's regiment, dated July 2d, 
1775, of the number of rations drawn by him on that day for 
this regiment — about two weeks after the battle. From this return 
it is shown that the regiment then consisted of 13 companies 
varying in number in each from 39 to 75, and making in all, at 
that date, 679. The loss of the regiment in the battle, in killed, 
wounded and missing, as reported by Col. Stark immediately after, 
was 60. If that number be added to the 679, the aggregate 
would be 739. This last number is probably as fair and just an 
estimate of the strength of Col. Stark's regiment immediately 
before the battle as can now be obtained ; and this number added 
to the 486 in the regiment of Col. Reed, would make the aggre- 
gate of the two regiments, 1,225. 



NEW HAMPSHIRE SOLDIERS AT BUNKER HILL. 



359 



In estimating the number of men in these regiments present in 
the battle, some allowance should be made for such of them as 
were absent at the time or unfit for duty. If we deduct, for these 
causes, from the regiment of Col. Reed the excess over 400, and 
from that of Col. Stark all over 550, making the number so 
deducted 275 in all, or more than one fifth of the whole, it would 
leave for the two regiments 950 in all who may be presumed to 
have been present in the battle ; and this estimate is in substantial 
accord with that of Mr. Derby, in the paper before referred to, read 
by him before the New England Historical and Genealogical Society 
in 1877, though slightly in excess of that estimate. It is well 
understood, from all the histories of this battle, that the two New 
Hampshire regiments were in the fight from its beginning to its 
end ; that they were among the first in the charge of the enemy, 
and the last in the retreat; and continued to hold their ground 
till Col. Prescott and the men under him were driven from the 
fort, and then withdrew in good order. It is also evident, from 
the same histories, that had Col. Prescott been supported by the 
Massachusetts regiments, then at Cambridge, as well and gallantly 
as by the New Hampshire regiments, he would not have been 
driven from the fort, nor the New Hampshire regiments retreated. 

THE NEW HAMPSHIRE SOLDIERS IN COL. PRESCOTT'S REGIMENT. 

The question in respect to the number of New Hampshire sol- 
diers in Col. Prescott's regiment is readily and easily settled, and is 
attended with no further difficulty than simply counting their names 
on the original company rolls of that regiment still preserved in the 
office of the Massachusetts secretary of state, in Boston. Upon the 
original rolls are to be found the names of the officers and private 
soldiers of each of the companies, together with the names of the 
towns from which the men severally enlisted. It is shown by the 
original rolls of this regiment, that the fourth company of it, com- 
manded by Capt. Reuben Dow, and consisting of 59 men, were 
all from the town of Hollis. Under the Massachusetts military 
establishment of the time, a full company consisted of 59 men, 
and the fourth was the only company of that regiment of which all 
the men were from the same town ; and it may be of some interest 
to suggest some of the reasons that led this company to join the 
Massachusetts regiment of Col. Prescott, rather than one of those 



360 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



from New Hampshire. Col. Prescott at that time lived upon his 
farm, still the beautiful country residence of his descendants, situ- 
ated on the north line of the town of Pepperell, adjoining Hollis, 
a large part of the farm being in fact in Hollis. Capt. Dow and 
the other commissioned officers of the company lived in the south 
part of Hollis, and were all the neighbors of Col. Prescott ; and 
a very large part of the early settlers of Hollis were from Groton, 
Chelmsford, Billerica, and Concord, and other towns in Middlesex 
county, in which Col. Prescott's regiment was chiefly enlisted. It 
may also be added that Col. John Hale, one of the leading friends 
of the Revolution in Hollis, was a brother-in-law of Col. Prescott, 
the latter having married Abigail Hale, a sister of Col. Hale. 
Besides the company of Capt. Dow, it is shown by the same 
original rolls that there were four other Hollis men, in the company 
of Capt. Moors of Groton, in the same regiment. 

It is also shown, by the same regimental rolls and documents, 
that there were 60 other New Hampshire men in this regiment, 
besides the company of Capt. Dow, of whom 12 were from Lon- 
donderry, 1 1 from Merrimack, 7 from Raby now Brookline, 4 
each from Hollis and New Ipswich, and 22 from other New 
Hampshire towns, making in all 119. How many of these 119 
went with Col. Prescott, and aided in the defence of the fort, it is 
impossible to estimate with much approach to certainty ; but if 
we deduct 19 for the sick and absent, it would leave 100 in all 
who may have aided in the building and defence of the fort ; and 
if this number be added to the supposed 950, of the regiments of 
Cols. Stark and Reed, it would make an aggregate of some more 
than 1,000 New Hampshire men in the battle. It is very certain 
that a large majority of the men from Hollis aided in the defence 
of the fort. It is shown by the returns that 8 of the men from 
Hollis were killed in the battle, and 6 others wounded. In addi- 
tion to 3 commissioned officers and the 8 Hollis men killed in 
the battle, the returns made after the battle show that 28 others 
of that company lost in the fight more or less of their equipments, 
of whom 25 lost their knapsacks, 23 their tumplines, 8 their guns, 
5 their short coats, 4 their hats, 2 their bayonets, and 1 his 
sword. How many of the company present in the fight lost no part 
of their equipments cannot now be known. Besides the Hollis 
men with Col. Prescott at the fort, there were eight others from 



NEW HAMPSHIRE SOLDIERS AT BUNKER HILL. 



361 



the same town in the battle, in the regiment of Col Reed, each 
of whom, as shown by the returns made afterwards, lost a portion 
of his equipments. (Prov. Papers, Vol 7, p. 591.) 

In connection with the number of New Hampshire soldiers 
engaged in the battle, it is a question of but little less interest to 
learn, as nearly as may be, the proportion the New Hampshire 
men bore to the whole number of Americans actually present 
in it. In respect to some of the data upon which this question 
must be settled there is some conflict. But all accounts of the 
battle that I have read agree in the fact that, at the time of the 
first attack of the enemy, between two and three o'clock in the 
afternoon, the only American troops then on the battle ground 
were the New Hampshire regiments of Cols. Stark and Reed, and 
that part of the force which marched from Cambridge to Charles- 
town on the evening of the 16th of June, who did not leave Col. 
Prescott and the fort on the next day before the battle. This 
force of Col. Prescott, as stated by himself in a letter to John 
Adams, written in August, 1775, consisted in all of about 1,000, em- 
bracing 300 of his own regiment, with detachments from two other 
Massachusetts regiments, the one commanded by Col. Frye, and 
the other by Lt. Col. Brickett, and 200 Connecticut troops under 
Capt. Knowlton. (Frothingham, p. 395.) The official account of 
the battle by the Massachusetts committee of safety, dated July 
28, 1775, Dr. Holmes in his Annals of America, and Bancroft 
in his History of the War, all agree with Col. Prescott in respect 
to the number of his men. Mr. Frothingham, however, in his 
Siege of Boston, tells us that, including the fatigue party, the 
force of Col. Prescott may be estimated at 1,200. But a very 
considerable part of the force of Col. Prescott, after the work on 
the fort was done, did not remain with him to aid in its defence. 
Late in the forenoon of the 1 7th, after the work on the fort was 
ended, it appears that Gen. Putnam was desirous of fortifying the 
hill in the rear of Charlestown Neck, then known as Bunker Hill, 
and for that purpose requested Col. Prescott to send a portion of 
his men to that hill, with the intrenching tools. To this request 
Col. Prescott at first strongly objected, telling Gen. Putnam that 
the men who should go with the tools would not return ; but at 
last Col. Prescott gave his consent, upon the assurance from Gen. 
Putnam that every man of them should come back. The result 



362 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



was that "a large party" went with Gen. Putnam with the tools 
to the hill, not one of whom, it is said, returned to the fort. Of 
what number this " large party " consisted is not stated, but it is 
to be inferred that it was numerous enough to carry off in their 
arms the intrenching tools which had been used by 1,000 men the 
night before. (Frothingham, p. 130.) 

Col. Prescott, in his letter to President Adams, before referred 
to, says, " That having thrown up a small redoubt, we found it 
" necessary to draw a line with the fort, northerly about twenty 
" rods in length, under a warm fire from the enemy's artillery. 
"That, about this time, Col. Frye and Lt.-Col. Brickett, being 
"indisposed, could render me but little service, and most of the 
" men under their command deserted the party." Col. Prescott 
further says, in the same letter, " That about two o'clock in the 
" afternoon the enemy landed at a northeasterly point from the 
"fort, and I ordered the train (of artillery), with the field pieces, 
" to go and oppose them, and the Connecticut forces to support 
"them. But the train marched in another direction, and I believe 
"those sent to their support followed, I suppose, to Bunker Hill 
(Charlestown Neck)." * * * He also tells Mr. Adams 
" That, about an hour after the enemy landed, they begun to march 
" to the attack in three columns, and I commanded my Lt.- 
" Colonel Robinson and Major Woods, each with a detachment, 
" to flank the enemy, who, I have reason to think, behaved with 
"prudence and courage, and I was now left with perhaps 150 
" men in the fort." (Frothingham, p. 395.) 

In view of these facts, and upon a careful analysis of the evi- 
dence in the case, Mr. Derby, in the paper to which we have 
referred, comes to the conclusion that the whole force of Col. 
Prescott at the time the New Hampshire regiments came on 
the ground, could not have exceeded 600, of whom he says that 
100 were from New Hampshire. (N. E. Hist, and Gen. Register, 
No. 121, p. 46.) Mr. Bancroft, in his account of the battle, says 
that less than 700 were in the redoubt, at the time of the attack. 
(Vol 7, 429.) 

In the many published histories, as well as in the contemporan- 
eous accounts of this battle, there is also considerable conflict in 
respect to the number of Americans actually engaged. In the 
official account of it, prepared and published by the Massachusetts 



NEW HAMPSHIRE SOLDIERS AT BUNKER HILL. 



363 



Committee of Safety, in the month of July next after, the number 
was stated at " about 1,500," which that committee say were the 
most at any time engaged on the American side. (Frothingham, p. 
384.) Mr. Derby, upon a careful review of all the evidence, 
comes to the conclusion that the average number engaged at any 
one time was less than 1,500, and the historian Bancroft tells us 
(Vol. 7, p. 421), that the whole number of Americans on the 
ground at the time of the second landing, including all those that 
crossed the Charlestown causeway seasonably to take part in the 
fight, according to the most solemn assurances of the officers in 
the action, the testimony of eye-witnesses, and the carefully con- 
sidered judgment of Washington, did not exceed 1,500. 

In respect to this question, Mr. Derby, in his paper before 
referred to, further says, that if we count in the troops at the fort 
under Col. Prescott, and all those who arrived on the battle ground 
before the final retreat, the number engaged in the battle, accord- 
ing to the best evidence to which I have had access, was from 
New Hampshire 1,000, from Massachusetts 765, and from Con- 
necticut 200, making a total of 1,965. Mr. Bancroft further tells 
us (Vol. 7, pp. 417, 418), that after the landing of the British 
small detachments from several Massachusetts regiments, amount- 
ing in all to between 300 and 400, left Cambridge for Charles- 
town, of whom not more than 150 in addition to the force under 
Prescott, Stark and Reed reached the battle ground before the 
retreat. But, upon this subject, Mr. Frothingham (p. 190) says 
that so conflicting are the authorities that the number of troops on 
each side cannot be accurately ascertained. That Gen. Putnam's 
estimate of the Americans was 2,200 ; that Col. Swett, in his 
history of the battle, says the number fluctuated, and making his 
estimate still higher; while that of Washington was but 1,500 
engaged at any one time. 

But whatever the real number from the other colonies may have 
been, we find no evidence inconsistent with the fact that at least 
1,000 New Hampshire men took part in the fight from its begin- 
ning to its end, and all accounts also agree that the New Hamp- 
shire men maintained their ground with unwavering firmness and 
intrepidity, and by their gallantry and good conduct displayed in 
that battle, established a reputation for fidelity and heroism that 
continued unsullied from that time to the end of the war. Ban- 



3^4 



NEW HAMPSHIRE HISTORICAL S0CIE1Y. 



croft, in his history, says of them, that the little handful of brave 
men in the fort would have been effectually cut off had it not been 
for the unfailing courage of the provincials at the rail fence and on 
the banks of the Mystic. These men, the New Hampshire regi- 
ments, had repulsed the enemy twice, and held them in check 
till the main body under Prescott had left the hill. Not till then 
did the New Hampshire soldiers qait their station, which they had 
so nobly defended. (Vol 7, p. 430.) And the historian Frothing- 
ham, who, like Messrs. Bancroft and Derby, was a Massachusetts 
man, in speaking of the New Hampshire regiments on the banks 
of the Mystic and along the rail fence, says of them that they 
maintained their ground with great firmness and intrepidity, and 
successfully resisted every attempt to turn their flank. That this 
line was nobly defended, and it saved the main body, who were 
retreating in disorder from the redoubt, from being cut off by the 
enemy. That when it was perceived at the rail fence that the 
force under Col. Prescott had left the hill, these brave men gave 
ground, but with more order and regularity than could have been 
expected of troops who had been no longer under discipline. 
(Frothingham, 151.) 

In view of all the evidence bearing upon these questions, there 
is no room or reason to doubt that the New Hampshire regiments 
did their full share in earning and gaining a complete and tri- 
umphant victory, instead of being compelled to follow in the 
retreat. Had Col. Prescott, and the brave men under him in the 
fort, been supported as they might and should have been by the 
Massachusetts regiments, at Cambridge, under Gen. Ward — 
instead of defeat and retreat, the American army would have been 
crowned with the laurels of victory, and the whole force of the 
enemy, not killed on the battle-field, would have been made 
prisoners of war or driven back to Boston. 



[Some additional facts relative to New Hampshire men who 
were engaged in the battle of Bunker Hill have been printed 
since the foregoing was compiled. See State Papers, New Hamp- 
shire, vol. 14, pp. 31 to 46, and vol. 15, pp. 739 to 752. 

I. W. H.] 



PROCEEDINGS — ADJOURNED ANNUAL MEETING. 365 

ADJOURNED ANNUAL MEETING. 



Concord, July 16, 1884. 

The adjourned sixty-second annual meeting of the society was 
held this day, at the Library room, in Concord, at 1 1 o'clock a. m. 7 
the president in the chair. 

The records of the annual meeting held June n, 1884, were 
read and approved. 

Mr. S. Dana, from the committee appointed at the last meeting 
to consider the subject of amending the constitution and by-laws 
of the society, reported the following amendment of the consti- 
tution to be acted upon at the next annual meeting : 

In section 6th, strike out the word " and," after the words, 
" Corresponding Secretary," and insert after the word " Librarian," 
the words, " and a Necrologist." 

The report was accepted, and the proposed amendment was 
laid upon the table. 

In accordance with a resolution adopted at the last meeting, 
Dr. Irving A. Watson, of Concord, was chosen Necrologist for the 
ensuing year. 

Under a resolution adopted at the last meeting, Messrs. Samuel 
C. Eastman, Isaac K. Gage, and Isaac W. Hammond were ap- 
pointed a committee to expend the sum of $500, appropriated by 
the state for a calendar of papers in the public record offices in 
England. 

Mr. VVoodbridge Odlin was chosen auditor for the ensuing year. 

After a verbal report from Messrs. J. B. Walker and E. H. 
Spalding, of the committee on the increase of the librarian's 
fund, the following resolution, offered by Hon. J. E. Sargent, was 
adopted : 

Resolved, That the matter of increasing the librarian's fund be 
recommitted to the committee, with instructions to meet at some 
subsequent meeting of the society. 

On motion of Mr. J. B. Walker : 

Resolved, That the committee on new members, appointed a 
the last meeting, take measures to increase the resident member- 



366 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



ship of the society, and that they report at the next meeting of 
the society. 

The society then adjourned to meet at the Town Hali, in 
Exeter, on Thursday, September 25, 1884, at n o'clock a. m. 



ADJOURNED ANNUAL MEETING. 



Exeter, September 25, 1884. 

The adjourned sixty-second annual meeting of the society was 
held this day, at the Town Hall, in Exeter, at 11 o'clock a. m. 

In the absence of the president and recording secretary, John 
T. Perry was chosen president pro tem. t and John J. Bell record- 
ing secretary pro tern. 

The society then adjourned to meet at the Town Hall, in Exeter, 
on Wednesday, October 1st, 1884, at n o'clock a. m. 



ADJOURNED ANNUAL MEETING, 



Exeter, October 1, 1884. 

The adjourned sixty-second annual meeting of the society 
was held, this day, at the Town Hall, in Exeter, at 11 o'clock 
a. m., the president in the chair. 

The records of the last two meetings were read and approved. 

A communication was received from Prof. E. T. Quimby, of 
the Coast and Geodetic Survey, respecting the mountain in Carroll 
county, called " Kearsarge," " Kiarsarge," or " Pequawket," and 
requesting action of the society in fixing the name. 

A committee of three was ordered to be appointed, by the 
chair, to report upon the aforesaid request. 

Mr. J. B. Walker, from the committee on the increase of the 
librarian's fund, made a verbal report, which was accepted. 

Mr. John N. McClintock made a statement respecting " The 
Granite Monthly," and requested its recognition by the society as 



PROCEEDINGS — ADJOURNED ANNUAL MEETING. 



367 



a medium of communication with the public ; and, on his motion, 
the subject was referred to the standing committee. 

At this point the president suggested a temporary adjournment 
for the purpose of visiting certain historical localities, in accord- 
ance with the programme of the annual field day, appointed to 
be held this day, in Exeter. 

Adjourned till 3 o'oclock p. m. 



AFTERNOON SESSION. 

The society met according to adjournment, the president in the 
chair. 

The chairman announced Messrs. J. B. Walker of Concord, 
Joseph A. Stickney of Great Falls, and Jeremiah Smith of Dover, 
to consider the request of the U. S. Coast Survey as to the name 
of the mountain in Carroll county, called " Kearsarge," " Kiar- 
sarge," or " Pequawket." 

Mr. Isaac W. Hammond, from the committee on new mem- 
bers, reported the following named persons, who, upon the ac- 
ceptance of the report, were unanimously elected, by ballot, mem- 
bers of the society : 

RESIDENT MEMBERS. 

Mrs. Elizabeth L. Walker, George Cook, m. d., Augustus D. 
Harris of Concord ; Col. Daniel Hall, Hon. Joshua G. Hall, 
George S. Frost, Albert O. Mathes, James H. Wheeler, m. d., 
James W. Bartlett, John T. Welch, Moses C. Lathrop, M. D., Wil- 
liam S. Stevens, Charles H. Sawyer, James E. Lothrop, M. d., 
Thomas J. W. Pray, m. d., Dover ; William J. Copeland, Great 
Falls ; Charles S. Cartland, Lee ; John C. Goodenough, Littleton ; 
Charles Wilder, Peterboro'. 

HONORARY MEMBER. 

Hon. John W T entworth, Chicago, 111. 

On motion of Mr. J. E. Pecker, it was ordered that Rev. S. C. 
Beane, of Concord, be added to the committee on the librarian's 
fund. 

On motion of Mr. J. J. Bell, the librarian was authorized to keep 
the library open two days in the week. 



S6S 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Mr. J. B. Walker presented the following resolution, which was 
adopted : 

Resolved, That our thanks are due and are hereby tendered to 
such of the citizens of Exeter as have this day kindly exhibited to 
us so many interesting memorials of the history of their grand 
old town, whose record, for nearly two centuries and a half, has 
done great honor to the state, and whose present importance, as 
an educational centre, deservedly gives to it distinguished fame 
throughout the republic. 

On motion of Mr. J. E. Pecker, the matter of providing any 
additional necessary conveniences in connection with the society's 
building in Concord, was referred to the standing committee. 

On motion of the same gentleman. 

Resolved, That the recording secretary be directed to procure 
blanks containing biographical questions, and a form for accept- 
ance, to be sent to all newly elected members ; and also, for the 
purpose of securing personal information, to all present members, 
and, as far as practicable, to the relatives or friends of deceased 
members ; and that the blanks be prepared with a suitable mar- 
gin, so that, after being filled out, they may be bound in manu- 
script form, and deposited with the records of the society. 

The society then adjourned to meet again at Concord, on the 
first Wednesday of January, 1885. 



FIELD DAY. 



Wednesday, October 1, 1884. 

The third field day of the society was held in connection with 
the adjourned annual meeting, at Exeter, October 1, 1884. 

After the temporary adjournment of the business meeting, in 
the forenoon, the members of the society, with their friends, were 
shown many localities of historic interest, among which were : 
The garrison house, more than 200 years old, called the " Clifford 
house," built by Councillor John Oilman, and occupied by his 
descendants for several generations ; the brick powder house, 
built about 1760; the residence of Gov. John Taylor Gilman, 
erected some time between 1721 and 1730, where was transacted, 



PROCEEDINGS — ADJOURNED ANNUAL MEETING. 



369 



by the Committee of Safety, much official business of the state 
during the Revolution, and in one of whose rooms was the Treas- 
ury ; the site of John Wheelwright's church, the first in Exeter, 
erected about 1638; the spot where George Whitefleld preached 
his last sermon, in 1770; and the " Colcord House," about 200 
years old, originally boarded with two inch plank, in defence 
against the Indians. 

Other localities of interest were pointed out, as the party rode 
through the town, under the courteous and intelligent guidance of 
the president of the society. 

After dinner at Gorham Hall, and the business meeting of the 
society in the afternoon, visits to Phillips Exeter Academy and 
other places closed a field day quite the peer of its two prede- 
cessors in pleasant and useful enjoyment. 



ADJOURNED ANNUAL MEETING, 



Concord, Wednesday, June 7, 1885. 

The adjourned sixty-second annual meeting met this day, being 
the first Wednesday of January, 1885, at 11 o'clock a. m., at the 
society's room, in Concord, the president in the chair. 

The records of the last adjourned meeting and field day were 
read and approved. 

Mr. Walker, presented the following report of a committee : 

The committee, to whom was referred the communication of 
Prof. E. T. Quimby, relative to the name of the mountain in 
Carroll county, generally known as " Kiarsarge," or " Kearsarge," 
respectfully report : 

That a committee was appointed by this society on the 13th 
day of June a. d. 1877, to investigate matters akin to, and em- 
bracing this subject, and that, subsequently, exhaustive reports 
were made by the majority and minority of said committee, which 
reports now lie upon the table for further consideration and dis- 
position by said society ; that inasmuch as these, covering the 
ground referred to us, will soon appear in the society's printed 
volume of Transactions ; and, inasmuch as the aforesaid committtee 
has not been discharged, we have thought best to make no further 



37Q 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



report, but recommend that final action be taken by the society 
upon the aforesaid reports at the earliest practicable day. 
Respectfully submitted, 

J. B. Walker, 
J. A. Stickney, 
Jeremiah Smith, 

Committee. 
Concord, January 2, 1885. 

The report was accepted and adopted. 

On motion of Mr. S. C. Eastman, Charles Levi Woodbury, of 
Boston, was appointed a member of the committee on the name 
"Kearsarge," originally selected June 13, 1877, in place of Capt. 
G. V. Fox, deceased. 

On motion of Mr. J. B. Walker, 

Resolved, That Maj. Henry McFarland and Charles Levi Wood- 
bury be hereby invited to communicate in writing to this society 
any facts within their knowledge, and for the truth of which they 
can vouch, relating to the naming of the United States corvette 
Kearsarge, the same to be placed on file with the society. 

Mr. Isaac W. Hammond, from the committee on new members, 
reported the following named persons, who, upon the acceptance 
of the report, were unanimously elected, by ballot, members of the 
society : 

resident members. 

Joseph B. Upham, Jr., James Rindge Stanwood, Calvin Page, 
Portsmouth : William S. Briggs, Keene • Hon. Henry Abbott, 
Winchester ; Hon. George B. Chandler, Manchester ; Charles E. 
Tilton, Tilton ; Mrs. Elizabeth Schlitz, Concord. 
honorary member. 

Edmund Clarence Stedman, New York City. 

Mr. Amos Hadley presented a photograph album of the Fourth 
New Hamsphire Regiment, in the recent war, the gift of Lieut. 
Harvey F. Wiggin, of Boston, and offered the following resolution, 
which was adopted : 

Resolved, That the thanks of the N. H. Historical Society are 
hereby tendered to Lieut. Harry F. Wiggin, of Boston, for the 
photograph album of the officers of the Fourth N. H. Regiment 
of Volunteers in the late war for the' Union, presented by him ; 
and that the same shall be safely kept by the society. 

The society then adjourned, sine die. 



PROCEEDINGS — ANNUAL MEETING. 



371 



ANNUAL MEETING. 



Concord, Wednesday June 10, 1885. 

The sixty-third annual meeting was held this day, at the socie- 
ty's rooms, at 11 o'clock a. m., the president in the chair. 

In the absence of the recording secretary, Mr. Isaac K. Gage 
was chosen secretary pro tempore. 

The report of the committee on the increase of the librarian's 
fund was accepted, and the accompanying request to be discharged 
from further service was granted. 

The report of the librarian, Mr. S. C. Eastman, was presented, 
read, and accepted. It stated that the library had been open, 
during a larger part of the year, on Tuesdays and Thursdays, at 
an expense of $61.25. The additions had been 131 volumes and 
581 pamphlets. Of these 2 volumes and 263 pamphlets had been 
purchased at a cost of $6, and the remainder had been received 
by gift and exchange. 

The report of the treasurer, Mr. S. S. Kimball, was presented, 
read, and accepted. It showed: debits, $8,746.48; credits, 
£676.29 ; balance, $8,070.19. Increase the past year, $172.06. 

The matter of procuring a calendar of historical papers in the 
public record office of England was recommitted to the commit- 
tee having it in charge. 

On motion of Prof. E. T. Quimby, the matter pertaining to 
the name " Kearsarge " was left as reported by the committee at 
the annual meeting in 1879, anc * the said report was adopted. 

Mr. Isaac W. Hammond presented, in behalf of George S. 
Burton, two Revolutionary diaries kept by Jonathan Burton, Jr., of 
Wilton, which were accepted, with the thanks of the society. 

The committee on new members reported by Mr. George E. 
Jenks the following persons, who were then unanimously elected 
members of the society : 

RESIDENT MEMBERS. 

Cora K. Bell Exeter ; Sumner Wallace, Rochester ; Allen J. 

Hackett, Belmont ; Eugene P. Nute, Farmington ; Theodore W. 

Woodman, Dover; Anson S. Marshall, Edward N. Pearson, Mary 

H. Pierce, Concord ; Orrin C. Moore, Nashua ; Frank D. Currier, 

VOL. ix. 26 



372 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Canaan ; Thomas P. Cheney, Ashland ; Mason W. Tappan, Brad- 
ford ; A. S. Twitchell, Gorham ; William E. Barrett, Claremont. 

CORRESPONDING MEMBER. 

Gen. Charles W. Darling, Oneida, N. Y. 

Mr. J. B. Walker, from the committee to nominate officers for 
the ensuing year reported, and the gentlemen nominated in the 
report were unanimously elected by ballot, as follows : 

President — Charles H. Bell ; Vice-Presidents — Jonathan E. Sar- 
gent, John M. Shirley ; Corresponding Secretary — John J. Bell ; 
Recording Secretary, Amos Hadley ; Treasurer, William P. Fiske ; 
Librarian, Samuel C. Eastman ; Necrologist, Irving A. Watson ; 
Publishing Committee, Charles H. Bell, Amos Hadley, Samuel C. 
Eastman ; Standing Committee, Joseph B. Walker, Sylvester 
Dana, Joseph C. A. Hill ; Library Committee, Amos Hadley, 
Edward H. Spalding, J, E. Pecker. 

Mr. Woodbridge Odlin was chosen auditor. 

It was ordered that the assessment on each resident member 
for the ensuing year be three dollars. 

It was voted that the next annual field day of the society be 
held in Concord, at a time to be designated by the president. 

The society then adjourned to meet at the time and place of 
the field day. 



ADJOURNED ANNUAL MEETING, 



Concord, Tuesday, October 6, 1885. 

The adjourned sixty- third annual meeting was held this day, 
at the society's rooms, at 1 1 o'clock a. m., the president in the 
chair. 

The society adjourned to meet at half past one o'clock in the 
afternoon, after the field-day exercises. 



AFTERNOON SESSION. 

The society met according to adjournment, the president in the 
chair. 






PROCEEDINGS ADJOURNED ANNUAL MEETING. 373 

The records of the two previous meetings of the society were 
read and approved. 

The recording secretary reported that the following persons had 
accepted membership since the annual meeting, June n, 1884 : 

RESIDENT MEMBERS. 

Col. E. FT. Gilman, Exeter ; Hon. W. S. Ladd, Lancaster ; 
Rufus P. Staniels, Rev. Sullivan Holman, Luther S. Morrill, Mrs. 
Elizabeth P. Schiitz, Anson S. Marshall, Charles R. Walker, m. d., 
Concord ; John Hatch, Greenland ; William M. Barnard, Frank- 
lin ; John C. Goodenough, Littleton ; William J. Copeland, Great 
Falls ; Hon. Henry Abbott, Winchester ; William S. Briggs, Keene ; 
Hon. George B. Chandler, Manchester ; Charles S. Cartland, 
Lee ; Joseph B. Upham, Portsmouth ; Col. Thomas P. Cheney, 
Ashland ; A. S. Twitchell, Gorham ; James R. Jackson, Littleton ; 
Thomas J. W. Pray, m. d., John T. Welch, James W. Bartlett, 
Charles H. Sawyer, Col. Daniel Hall, M. C. Lathrop, M. d., Albert 
O. Mathes, Dover. 

HONORARY MEMBERS. 

N. J. Sawyer, m. d., Frankfort, Ky. ; Nathaniel U. Walker. Bos- 
ton ; Wj T. Holmes, Casselton, Dakota ; C. R. Buddy, Denton, 
Texas ; Rev. Israel Ward Andrews, d. d., Marietta, Ohio ; W. H. 
Hotchkiss, New Haven, Ct. ; Edmund Clarence Stedman, New 
York ; Due de Broglie, Paris, France. 

CORRESPONDING MEMBERS. 

Rev. John LeBosquet, Southville, Mass. ; Gen. Charles W- 
Darling, Oneida, N. Y. 

An amendment to the constitution of the society, proposed 
July 16, 1S84, providing for the election, annually, of a necrolo- 
gist, was taken from the table and adopted. 

The following persons, nominated by the committee on new 
members, were unanimously elected members of the society : 

RESIDENT MEMBERS. 

Lyman D. Stevens, John H. Pearson, E. S. Nutter, Henry 
Robinson, John C. Ordway, John A. White, Mrs. Caroline B. 
Bartlett, Concord ; Stilson Hutchins, Laconia ; William H. Mitch- 
ell, Littleton. 



374 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



CORRESPONDING MEMBERS. 

Col. Fred. C. Pierce, Rockford, 111. ; Horatio Hill, Chicago. III. ; 
A. A. Folsom, Boston. 

Maj. Henry McFarland's reply as to the naming of the U. S. 
corvette Kearsarge, with accompanying pamphlets, was presented 
to the society. 

Mr. Hammond presented, in behalf of Prof. J. H. Morey, Part 
i, of Vol. I, of Memoirs of the Science Department of the Uni- 
versity of Tokio, Japan : By Edward S. Morse — which was 
accepted with the thanks of the society. 

On motion of Mr. J. T. Perry, the thanks of the society were 
tendered to the members of the society resident in Concord and 
vicinity for their kindly and well directed efforts to entertain their 
guests on the occasion of this field day. 

Adjourned sine die. 



FIELD-DAY. 



Concord, Tuesday, October 6, 1885. 

The fourth field-day was held this day, in Concord, in connec- 
tion with the adjourned sixty-third annual meeting of the society. 

The society having adjourned to give opportunity to carry out 
the field-day programme, the members and their friends, number- 
ing about forty, under the guidance of Superintendent Humphrey. 
took a convenient car upon the horse railroad, for Penacook. 
Having arrived at Penacook, the visitors were provided with car- 
riages, under direction of Hon. C H. Amsden, Isaac K. Gage, 
Esq., and others, and were taken to the island where the Dustin 
monument stands. A rain beginning to fall, the stay there was 
brief. The party, returning by the same conveyance, partook of 
a collation served in the society's rooms. After this, a part of 
the members repaired to the library room, to attend the adjourned 
business meeting, while others of the party took the opportunity 
to inspect the historical paintings at the residence of Joseph B. 
Walker, Esq. The heavy rain prevented the further carrying out 
of the field-day programme. 



PROCEEDINGS — ANNUAL MEETING. 



375 



ANNUAL MEETING. 



Concord, Wednesday, June 9, 1886. 

The sixty-fourth annual meeting of the society was held, this 
day, in its library room, at 1 1 o'clock a. m., the president in the 
chair. 

The records of the last adjourned annual meeting and the 
fourth field-day were read and approved. 

The recording secretary reported that the following persons, 
elected October 6, 1885, had accepted membership : 

RESIDENT MEMBERS. 

Lyman D. Stevens, John H. Pearson, Eliphalet S. Nutter, 
Henry Robinson, John C. Ordway, Concord ; William H. Mitch- 
ell, Littleton. 

CORRESPONDING MEMBERS. 

Col. Fred. C. Pierce, Rockford, 111., Horatio Hill, Chicago, 111. ; 
A. A. Folsom, Boston, Mass. 

Also, Mrs. Cora K. Bell, elected June 10,1885, a resident mem- 
ber, had accepted. 

The treasurer, William P. Fiske, presented his report, which 
was accepted. It showed debits, $8,952.58; credits, $213.34 ; 
balance, $8,739.24; permanent funds, $3,899.82; publication 
fund, $600 ; fund to procure a calendar of papers in the public 
records of London, $500; current funds, $3,739.42; total, 
$8,739.24 ; — increase the past year, $669.05. 

The librarian, S. C. Eastman, presented his report, which was 
accepted. It stated that the library had been open four days in 
each week, during the session of the legislature, and since then 
on Tuesday and Thursday forenoons, at a cost of $125. The 
total number of volumes in the library, aside from duplicates, was 
stated to be 10,385. The additions during the year were 85 vol- 
umes and 315 pamphlets, of which 75 volumes and 299 pam- 
phlets were obtained by gift, and the remainder by exchange. 

Mr. J. B. Walker from the standing committee reported that 
seven volumes of manuscript letters of Dr. Farmer, with other 
valuable papers, had been procured for the society. 



376 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



The gift was accepted with thanks to the giver, Mrs Catherine 
K. Steele., of Amherst. 

Rev. Sullivan Holman presented the Minutes of the N. H. 
Methodist Conference, from 1839 to 1884, bound in two volumes, 
which gift was accepted with thanks. 

A collection of biographical sketches written by Ex-Governor 
William Plumer, and presented by William L. Plumer, of Epping, 
in behalf of the grandchildren of the writer, — being the children 
of his sons, William, Samuel, and George VV., — was accepted, with 
the thanks of the society. 

The aforesaid papers were ordered to be bound and indexed 
by Mr. John C. Ordway ; the index to be printed in the Trans- 
actions of the society. 

The president presented a communication from Ex-Govemor 
James A. Weston, covering correspondence respecting a Memo- 
rial to Captain John Mason, set up in Portsmouth, England. 

The papers were accepted with thanks, and ordered to be pre- 
served in the archives of the society. 

In answer to a circular from the N. E. Historic-Genealogical 
Society, asking for an expression of the society concerning the plan 
of B. F. Stevens, of London, to publish the manuscripts in the 
archives of Europe, relating to the American colonies, the follow- 
ing resolution, offered by Mr. Samuel C. Eastman, was adopted : 

Resolved, That the New Hampshire Historical Society approves 
of the plan of B. F. Stevens, of London, for printing historical 
papers relating to the American colonies, in the archives of 
Europe, and recommend that the work be undertaken by the gov- 
ernment of the United States. 

A communication from Lucinda S. Hall, m. d., of Concord, 
was presented by the secretary, accompanying the gift of a snuff 
box owned and used by Philip Carrigain, also a map of Concord 
in 1746, executed by him. 

The gift was accepted with thanks. 

The president gave notice of an invitation to the society to 
attend the exercises in dedication of the Webster statue in Con- 
cord, on the 17th of June instant. 

Mr. J. B. Walker offered the following resolution, which was 
adopted : 

Resolved, That the sum of one hundred and fifty dollars be 
hereby appropriated for the examination, arrangement, binding 



PROCEEDINGS — ANNUAL MEETING. 377 

and indexing — so far as this sum will allow — of the manuscripts 
in the vaults of the society, and that a committee, consisting of 
the president, librarian, and Isaac W. Hammond, be hereby ap- 
pointed to carry into effect the provisions of this resolution. 

The committee to nominate new officers reported, by Mr. Syl- 
vester Dana, as follows : 

For President, Charles H. Bell ; Vice-Presidents, Jonathan E. 
Sargent, John M. Shirley ; Corresponding Secretary, John J. Bell ; 
Recording Secretary, Amos Hadiey ; Treasurer, William P. Fiske ; 
Librarian, Samuel C. Eastman ; Necrologist, Irving A. Watson ; 
Publishing Committee, Charles H. Bell, Amos Hadiey, Samuel C. 
Eastman ; Standing Committee, Joseph B. Walker, Sylvester Dana, 
J. C. A. Hill; Library Committee, Amos Hadiey, Edward H. 
Spalding, J. E. Pecker ; Auditor, Woodbridge Odlin. 

The report having been accepted and adopted, the gentlemen 
therein designated were elected officers for the ensuing year. 

The annual address was delivered by Amos Hadiey, the subject 
being " New Hampshire in the Historic Van." 

Thanks were tendered the speaker, and a copy of the address 
was requested for deposit in the archives of the society. 

Messrs. J. B. W T alker, G. L. Balcom, and I. A. Watson were 
appointed a committee to select an orator for next year, and to 
make arrangements for the next field-day. 

It was ordered that the assessment on each resident member of 
the society for the ensuing year be three dollars. 

A recess was then taken till 2 o'clock p. m. 



AFTERNOON SESSION. 

The society re-assembled at 2 o'clock p. m., the president in 
the chair. 

The committee on new members, by Dr. I. A. Watson, reported 
the following named persons, who, after the acceptance of the 
report, were unanimously elected, by ballot, members of the 
society : 

RESIDENT MEMBERS. 

Edward Aiken, m. d., Amherst ; Walter D. Scott, George N. 
Cross, Exeter. 



378 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



CORRESPONDING MEMBER. 

Rev. Ephraim O. Jameson, Millis, Mass. 

HONORARY MEMBER. 

Hon. William A. Richardson, Washington, D. C. 

On motion of Mr. J. J. Bell, it was resolved that when this 
meeting adjourn to-day, it stand adjourned till the first Tuesday 
of September next at i r o'clock a. m. 

On motion of Mr. S. C. Eastman, Charlestown was selected as 
the place of holding the next field day ; the time to be designated 
by the president of the society. 

Mr. J. E. Pecker was added to the committee on oration and 
field-day. 

An ineffectual motion was made that the Plumer papers be put 
under the same restrictions as the Webster papers. 

On motion of Mr. J. E. Pecker it was resolved that the library 
be open Tuesdays and Thursdays from 1 1 a. m. to i p. m., and 
from 2 p. m. to 4 p. m. 

The meeting then adjourned. 



ADJOURNED ANNUAL MEETING, 



Concord, Tuesday, September 7, 1886. 

The adjourned sixty-fourth annual meeting of the N. H. His- 
torical Society was held, this day, at its library room, at 11 o'clock 

A. M. 

In the absence of the president, Mr. Joseph B. Walker was 
chosen president pro tempore. 

On motion by Mr. Isaac K. Gage, the committee having in 
charge the re-arrangement of manuscripts in the society's safe 
were authorized to return to the office of the secretary of state, 
any papers therein found belonging to the state. 

Gen. George T. Cruft, of Bethlehem, was elected a resident 
member. 

Adjourned. 



PROCEEDINGS — ANNUAL MEETING. 



379 



ANNUAL MEETING. 



Concord, Wednesday, June 8, 1887. 

The sixty-fifth annual meeting of the N. H. Historical Society 
was held, this day, in the society's rooms, at 1 1 o'clock a. m., the 
president in the chair. 

The records of the last meetings were read and approved. 

The report of the recording secretary was made and accepted. 
By this report it appeared that the following persons had accepted 
membership during the past year : 

RESIDENT MEMBERS. 

Gen. George T. Cruft, Bethlehem ; Edward Aiken, m. d., Am- 
herst ; George N. Cross, Exeter. 

CORRESPONDING MEMBER. 

Rev. Ephraim O. Jameson, Millis, Mass. 

The corresponding secretary's report was adopted. 

The treasurer's report was read and accepted. The report 
showed — receipts and credits, $9,615.29 ; expenditures or debits, 
$9,420.11 ; increase, the past year, $690.87. 

The librarian's report was read and accepted. It stated that 
the library had been open on Tuesdays and Thursdays, the past 
year, and had been used by many who were investigating historical 
subjects. There had been 151 volumes and 317 pamphlets 
added during the year — all of which were gifts or exchanges. 

The gift of the " Concord Literary Institution Album," by Gen. 
Harrison C. Hobart, of Milwaukee, Wis., was accepted, with 
thanks to the donor. 

The special committee to examine and rearrange the papers 
in the society's safe reported progress. 

Mr. J. B. Walker, in a verbal report from the standing commit- 
tee, stated that minor repairs had been made upon the society's 
building, and that the Plumer papers had been bound. The 
report was accompanied by a paper prepared by Dr. Edward 
Aiken on " Curiosities connected with Names changed by the 
the Legislature." The paper was ordered to be printed in the 
Transactions of the society. 



380 NEW HAMPSHIRE HISTORICAL SOCIETY. 

The special committee on records in England reported by Mr. 
S. C. Eastman, that one instalment of papers, relating mainly to 
the boundary question, had been sent by Mr. B. F. Stevens, of 
London, but that no money from the appropriation had been 
spent. 

The president expressed his determination to decline reelection. 
He recapitulated some of the doings of the society, and also gave 
a list of the most important papers presented thereto, during the 
nineteen years he had occupied the chair. 

Mr. S. C. Eastman offered the Revolutionary papers of the late 
Jonathan Chase, presented by the town of Cornish, and, on his 
motion, they were accepted upon the conditions prescribed by the 
said town. 

The committee to nominate officers reported, by Mr. J. B. 
Walker, as follows : 

Far President, J. Everett Sargent ; Vice-Presidents, Samuel C. 
Eastman, George L. Balcom ; Corresponding Secretary, John J. 
Bell ; Recording Secretary, Amos Hadley ; Treasurer, William P. 
Fiske ; Librarian, Isaac W. Hammond ; Necrologist, Irving A. 
Watson ; Auditor, Woodbridge Odlin ; Standing Com?nittee, 
Joseph B. Walker, J. C. A. Hill, Isaac K. Gage ; Publishing Com- 
mittee, Charles H. Bell, Isaac W. Hammond, A. S. Batchellor ; 
Library Committee, J. E. Pecker, E. H. Spalding, John C. Ord- 
way. 

The report was accepted and adopted, and the gentlemen 
therein nominated were elected as officers for the ensuing year. 

Mr. Bell, on retiring from the chair, introduced his successor, 
Hon. J. Everett Sargent. 

The committee on new members reported, by Mr. Hammond, 
the following named persons, who, after the acceptance of the 
report, were unanimously elected, by ballot, members of the 
society : 

RESIDENT MEMBERS. 

Henry M. Baker, Bow ; Mortier L. Morrison, Peterboro' ; 
George E. Hodgdon, Portsmouth ; Charles L. Farr, Littleton ; 
Howard L. Porter, Mrs. Alice Rosalie Porter, Edson C. Eastman, 
Rev. Charles L. Tappan, Concord. 



PROCEEDINGS — ANNUAL MEETING. 



38' 



CORRESPONDING MEMBERS. 

Gen. Harrison C. Hobart, Milwaukee, Wisconsin ; Major G. A. 
Raikes, London, England. 

Mr. Woodbridge Odlin offered the following resolution, which 
was seconded by Mr. Joseph B. Walker, and unanimously adopted 
by the Society : 

Resolved, That the thanks of the society be presented to Hou. 
Charles H. Bell for the able, faithful, and impartial manner in 
which he has performed the duties of the office of president for 
nineteen years. 

Four letters of Philip Carrigain, presented by Miss Jennie L. 
Bouton, were aceepted with thanks to the donor. 

Mr. Pecker, from the committee on field day, reported in favor 
of holding the same at Charlestown, with the suggestion that it be 
held in the course of the last full week in June. After discussion, 
the time was appointed for September, on such day as the presi- 
dent shall designate. 

The manuscript sermons by the late Rev. Dr. Bouton, presented 
by his daughter, Miss Jennie L. Bouton, were accepted with 
thanks. 

The question of placing the library of the society in juxtaposi- 
tion with that of the city and that of the State, was, after discus- 
sion, referred to a committee consisting of Messrs. George E. 
Jenks, Sylvester Dana. S. C. Eastman, Joseph B Walker, Isaac 
VV. Hammond, and John B. Clarke. 

Adjourned till 2 o'clock p. m. 



AFTERNOON SESSION. 

The society met at 2 o'clock p. m., the president in the chair. 

Mr. Sylvester Dana, from the committee on new members, 
made an additional report nominating the following named per- 
sons, who, after the acceptance of the report, were, by ballot, 
unanimously elected members of the society : 

RESIDENT MEMBERS. 

John C. Linehan, Penacook ; Rev. Cephas B. Crane, d. d., 
Concord ; Chester Pike, Cornish. 

CORRESPONDING MEMBER. 

A. A. Folsom, Boston, Mass. 



382 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



An assessment of three dollars was ordered on each resident 
member for the current year. 

Mr. Joseph B. Walker was appointed a member of the commit- 
tee to examine and rearrange papers in the society's safe, to fill 
the vacancy occasioned by the election of Mr. Hammond as 
librarian. 

Messrs. C. H. Bell, Samuel C. Eastman, and Amos Hadley were 
appointed a committee to select an orator for next year. 

The annual meeting was then adjourned to a time hereafter 
to be designated by the president of the society. 



Some Curiosities of Name Changing, 



BY EDWARD AIKEN, M. D. 



Previous to 1872 names were changed in New Hampshire by 
act of legislature. Under the province but a single act is on record 
whereby " three brothers, Rogers, are authorized to add Rindge 
to their Christian names." Since then about two thousand names, 
three-fourths of them surnames, have been changed. 

Allcock — fifty-six changed to nine different surnames — Allcott, 
Appleton, Austin, Cooledge, Hubbard, Otis, Phipps, Taylor and 
Vitty. Other similar names were Babcock, Peacock (of which 
latter one changed to Sawyer has since been nicknamed Cock- 
Sawyer), Woodcock, as well as Wilcox and Coxeter ! 

Hogg — sixty-seven, at least ("and family" sometimes used), 
taking fourteen names. Thomas, who adopted Moore, was there- 
after called " More- Hog /" Joseph and others take the surname 
of Wilder, by an act which a waggish indexer calls " an act to make 
Hogs Wilder !" Mary and others, called Shepherd, like the emi- 
nent Ettrick poet, Thomas, preferred a flock to a drove, a fold to 
a stye ! Changing the names of Charles, Robert and others to 
Church, might be called the Churching of Hoggs ! Other surnames 
adopted by the Hoggs : Bartlett, Bentiey, Carpenter, Dana, Hunt- 
ley, Johnson, Prentiss, Raymond, Woodbury, and Tennant. Of 
one who took the last name, a cotemporary wag rhymed : 

/ " Hogg by name, and hog by nature, 

But Tennant made by legislature. 



SOME CURIOSITIES OF NAME CHANGING. 



383 



Leathers — one hundred and twenty-five changed, taking thirty 
different surnames : Adams, Atherton, Banks, Bentley, Chase, 
Cheney, Clark, Crosby, Currier, Dinsmore, Emery, Freeman, 
Giles, Gilman, Gray, Hale, Langley, Laurens, Leighton, Meeds, 
Orange, Palmer, Prescott, Rand, Shaw, Stacy, Twombly, Tyler, 
Walker, Wilson. 

Other curiosities : Telophehad Cooledge to Oscar Cooledge : 
Betmalin Fegar, to John Putnam, Joseph Wiser, to George Wise ; 
Elijah Graves, to Elijah Gay ; Elphameo Musealeno Libby, to 
Albert L. Clifford. 

In the classic line : Portia* Ocenas Garfield, to Lizzie Garfield 
Newell. But Samuel Blaisdell, to Augustine Lupus, and Seth 
Forbes, to Sethus B. Forbes. 

A curious pair, more curious if of opposite sexes : Comfort 
Goings and Relief Cummings ! 

A bitter case : Simeon Wormwood, changed to George B. Wat- 
son ; and still more bitter : Timothy Worthley, Jr., changed to the 
phrenological one of Spurzheim Gall in 1850, changed back 
again in 1852 ! 

A chapter of blunders : At the June session, 1842, an act 
was passed changing the name of Nathaniel Prince, Jr., to Na- 
thaniel Whittaker [two t's] Prince. At the fall session of the 
same year, changing the name of Nathaniel Prince, Jr., to Na- 
thaniel Whitaker [one t] Prince, and finally at the next session, 
in 1843, Nathaniel Prime, Jr. (for that was his true name) had 
his name changed to Nathaniel Whitaker Prime. 

Other objectionable surnames : Blumpee, Bodge, Briar, Mug- 
ford, Puffer, Trickey, Tupper, W T akeurn, Wran. 

To illustrate the power of names, an historian of the N. H. 
Medical Society asserts that many doctors, Smiths, Jones, etc., 
had their surnames changed to Kittredge, as a sure passport to 
professional success, and that the change was made by act of our 
legislature ; but the proof of the assertion does not materialize. 
The name Kittredge is conspicuously missed. We have not got 
it on our list. Edward Aiken. 



3^4 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



ADJOURNED ANNUAL MEETING. 



Concord, Friday, September 30, 1887. 

The adjourned sixty-fifth annual meeting of the N. H. Histor- 
ical Society was, upon call of the president, held, this day, at the 
society's rooms, at 3 o'clock p. m., the president in the chair. 

The secretary being necessarily absent, Mr. Isaac VV. Hammond 
was chosen recording secretary pro tempore. 

The following resolution, offered by Mr. J. B. Walker, was 
adopted : 

Resolved, That the librarian be hereby directed uot to loan any 
of the manuscripts in the library, whether the property of the 
society, or of other persons, stored here for safe keeping ; but that 
the same may be examined and copied in the library, under the 
direction of the librarian, unless otherwise ordered by the society. 

The following resolution, presented by Mr. I. W. Hammond, 
was adopted : 

Resolved, That Isaac K. Gage, Moses Humphrey, and Benja- 
min A. Kimball be appointed a committee to arrange for a dinner 
at Bonney's Hotel, in Penacook, on some day in October next, 
and issue invitations to members of the society and such others 
as may be deemed proper. 

On recommendation of the committee on new members, the 
following persons were elected members of the society : 

RESIDENT MEMBERS. 

John M. Mitchell, Mrs. Frances C. Stevens, Myron J. Pratt, 
Arthur W. Silsby, Concord ; Rev. James E. Odlin, Goffstown ; 
Francis C. Faulkner, Keene ; Ezra S. Stearns, Rindge ; Ossian Ray, 
Chester B. Jordan, Lancaster. 

HONORARY MEMBER. 

Hon. Mellen Chamberlain, Boston. 

The following resolution was adopted : 

Resolved, That John J. Bell, J. Everett Sargent and J. E. 
Pecker are appointed a committee to endeavor to procure an 
appropriation from the state for the purpose of purchasing town 
histories and for other necessary expenses of the society. 



i 



PROCEEDINGS ADJOURNED ANNUAL MEETING. 



385 



The matter of compensation of the librarian was referred to 
the standing committee, — they to report at the next meeting. 

The meeting then adjourned till such time in October, 1887, 
and to such place as the committee to make arrangements for a 
society dinner should designate. 



Adjourned Annual Meeting, 



Thursday, October 27, 1887. 

The second adjourned sixty-fifth annual meeting of the N. H. 
Historical Society was held at Penacook, on Thursday, October 27, 
in accordance with the arrangements made by the committee for 
that purpose, at the last meeting ; the special occasion being the 
celebration of the one hundredth anniversary of the opening of 
the Penacook House as a public hotel. 

At six o'clock p. m. the members of the society, with invited 
guests, sat down to an excellent banquet spread in that house by 
the proprietor, Mr. Bonney. 

After dinner, President Sargent called the society to order for 
a business meeting. 

Mr. J. B. Walker, from the standing committee, reported that 
arrangements had been made whereby the society's rooms would 
be kept open two days of each week during the coming winter by 
the librarian, Isaac W. Hammond. 

Mr. Hammond, from the committee on new members, reported 
the following named persons, who, after the acceptance of the 
report, were, by ballot, unanimously elected members of the 
society : 

RESIDENT MEMBERS. 

Henry W. Stevens, Mrs. Ellen Tuck Stevens, Mrs. Martha W. 
Hammond, Mrs. Louisa J. Sargent, Benjamin E. Badger, Daniel 
B. Donovan, William A. J. Giles, Concord ; Charles H. Amsden, 
Penacook ; Warren F. Daniell, Franklin ; Isaac B. Dodge, Am- 
herst ; John Scott, Peterboro'. 

A letter of regret from Hon. C. FI. Bell was read. 

A communication from Charles H. Stubbs, m. d., of Wakefield, 
Lancaster Co., Penn., concerning casts of the milestones of 



3 S6 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Mason and Dixon's line, was referred to the standing committee, 
with full power in the premises. 

The same disposition was made of a communication concern- 
ing the first pipe organ constructed in New Hampshire. 

The meeting then adjourned to Torrent Engine company's hall. 
where the exercises were opened at 7:15 o'clock with an address 
by President Sargent, who spoke as follows : 

Members of the N. H. Historical Society, Ladies and Gentlemen : 

We have met on this occasion to commemorate and celebrate in 
a proper way the one hundredth anniversary of the opening of 
the Penacook House as a public hotel, and though many improve- 
ments and changes may have been made within this long period. 
in the building, yet the principal portion of the building in which 
we have assembled and dined was here originally one hundred 
years ago when it was opened as a public house. There may be 
other hotels in some of our principal cities that have survived as 
long as this, though they have generally been built over so that 
the buildings are entirely new, and in many cases they have been 
renewed several times in the course of a century, where the hotel 
has been kept in the same locality and upon the same ground. 
But with the country hotels it is quite different. For one, I do 
not know of another case like this in the state, though there may 
be, where the same house has been used as a hotel for a hundred 
consecutive years, without any change in the location, or any con- 
siderable change in superstructure. Whether there are others or 
not like this, it is certainly a very remarkable case, and deserves 
some notice and some commemoration. 

In considering this subject, our minds are naturally carried back 
the space of one hundred years. What has been the history of 
this public house through this long period ? Who has kept the 
house, and with what success? What are its traditions, what 
anecdotes and what remarkable events are connected with its life 
and its history? And, in this connection, a word may properly be 
said about country taverns generally in the olden time. 

Next we are led to inquire about the village in which this hotel 
is situated. What was the village one hundred years ago? What 
was its name, and what has been its history, and what its progress 
since ? Who have lived here, and what have they achieved ? 



PROCEEDINGS ADJOURNED ANNUAL MEETING. 



387 



As it is usual for all infant towns or colonies among the first 
things they do to provide for a grist- and saw-mill within their 
borders, let us inquire what mills and what manufactories have 
grown up here in the past, and what is their present condition? 
We know that the Contoocook river, with its powerful stream, its 
falls, and its facilities for carrying mill and other machinery, runs 
through the town. How have these advantages been improved 
during the century ? 

We may also consider the modes of conveyance and transporta- 
tion in the olden time, for this subject is intimately connected 
with the country hotel ; the vehicles on which the merchants and 
farmers conveyed their merchandise and other produce to their 
several markets and the modes of travel to Boston and back 
again ; and about the country in the good old days. 

Next we may give a few thoughts to the general subject of the 
old time towns and villages in New Hampshire, for there was a 
general similarity between them all, according to the particular 
time in which they flourished. 

And in this connection we may consider the subject of our old 
highways and also of the turnpikes, which for a time were the 
great improvement of their age. 

We may also by way of contrast with these ancient ways and 
modes of travel and transportation consider the horse railroad as 
a great change for the better. And also the railroads and their 
machinery, engines and cars of all descriptions, from the rough 
box freight car to the finished and highly ornamented palace car 
with all its modern conveniences. 

And then we might change our point of vision and instead of 
looking backward over one hundred years, we might look forward 
and inquire what changes in the modes of travel and transporta- 
tion and the communication of thought and intelligence are likely 
to occur in the next one hundred or even fifty years. What 
greater velocity of motion, what greater facility in communicating 
intelligence ? In fine, what improvements in all these subjects of 
interest are probable in the next fifty years ? 

So you see, friends, that we shall not lack for interesting subjects 
of discussion this evening, while we celebrate this one hundredth 
anniversary of the opening of Penacook hotel in the village of 
Penacook. 

vol. ix. 27 



3&* 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Joseph B. Walker, Esq., spoke upon " Penacook House and 
the Old Time Taverns of the State," as follows : 

THE OLD INDIAN TRAIL. 

One of the old Indian trails, leading from the coast towns of 
northern Massachusetts to Canada, after entering the Merri- 
mack valley, ran along the course of that river, through Penny 
Cook, or the "crooked place," and past the mouth of the Con- 
toocook, to the forks of the river at Franklin. Here it divided, 
one branch following the Winnipesaukee to Aquedahtan, at the 
lake's outlet, and the other the Pemigewasset as far as the mouth 
of Baker's river, whence it went along that stream and the 
Olliverian to the valley of the Connecticut. Thence it extended 
northward through the Coos county from which one branch ere 
long deflected to the northwest through the valley of the Passump- 
sic, and later another through that of the Nulhegan to the country 
upon the St. Francis and the St. Lawrence. 



STAGES AND UP-COUNTRY TEAMS. 

As fast as the country along these trails was settled, they broad- 
ened into highways and became main thoroughfares between 
northern Vermont and New Hampshire and Boston. Over them 
passed a large portion of the freight and travel to and from these 
localities. Passengers were conveyed mostly by stages, no less 
than thirty of which left or entered Concord every morning or 
evening. Merchandise was carried in immense wagons drawn by 
six and eight horse teams. Every considerable town supported 
one or more of these. Scores of them were to be seen upon the 
road every day, Sundays not excepted, sometimes dragging along 
singly, and at others in companies of from two or three to five or 
six or more. The horses never moved faster than a walk and 
were guided without reins by the teamster's voice and whip, who 
walked with even pace beside them. They never advanced more 
than from fifteen to eighteen miles a day or about one hundred 
miles a week. 

These canvas -topped wagons, long and heavy, bore a load of 
about one ton per horse. No wheel brakes were used in descend- 
ing steep hills. Instead thereof an extra pole enabled the four 
rear horses to resist the pressure of the loads at such times. 



PROCEEDINGS ADJOURNED ANNUAL MEETING. 



389 



Their downward freights were farm produce, mainly. Their up- 
ward loads consisted of the various commodities retailed at 
country stores. In winter, in addition to these, large numbers of 
two-horse teams appeared upon the road, driven by farmers, car- 
rying to market the beef, pork, corn oats, and other products of 
their farms, to be exchanged for family supplies. 

TAVERNS. 

To entertain these numerous wayfarers and their teams, taverns 
were found not only in the villages, but all along the way as well. 
It is easy to recall twenty-two, flourishing at one and the same 
time, between Concord and the Centre Road village of Salisbury, 
a distance of twenty miles. That some person here present may 
correct my remembrance, if at fault, I will repeat these by name. 
Starting at the South end of Main street, in Concord, we have 
1st, Butters's ; 2d, Gale's ; 3d, the Phenix ; 4th, the Columbian ; 
5th, the Eagle Coffee House ; 6th, the American House ; 7th, 
Stickney's; 8th, Herbert's ; 9th, George's; 10th, the Washington 
House; nth, Farnum's ; 12th, Brown's, in Concord; 13th, 
Johnson's; 14th, Gerrish's ; 15th, Green's; 1 6th, Carter's; 17th, 
West's; 1 8th, Ambrose's ; 19th, Ames's; 20th, Hunt's, in Bos- 
cawen ; 21st, Smith's; 22d, Webster's, in Salisbury. Hostelries 
similar to these extended all the way from Canada to Boston, 
located at short distances of two or three miles from each other. 
Sixteen of the twenty above mentioned exist now in history only. 
While some new ones have been opened along this same twenty 
miles, we can now count but seven public houses, and most of 
these of a different character from those they have succeeded. 
Only two of these are the original structures which were standing 
forty years ago, viz., Ambrose's and the one where we are met 
this evening. The last and oldest still remains, sound as a nut, 
and in vigorous activity, to celebrate whose one hundredth anni- 
versary we are here met to-night. Where is the second of equal 
age? Name it if you can. 

THE PENACOOK HOUSE. 

The history of this house has been preserved with great fidelity. 
It was built by Capt. John Chandler, in 1787, who, with his fam- 
ily moved into it on the third day of September of that year. 
From that day to this it has been open as a public house. 



39<> 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Capt. Chandler kept it until 1818, a period of thirty-one years. 
He was succeeded by his son-in-law, Lieut. Reuben Johnson, who 
was its landlord until 1845, a period of twenty-seven years. 
Samuel A. Ambrose folio .ved him, and, after keeping it three years, 
gave place, in 1848, to Luther G. Johnson, a grandson of the first 
proprietor. He kept it until January 1, 1854. Its ownership had 
passed from the Chandler-Johnson family, a month or two before 
he left it, to Col. John C. Smith, of Salisbury, who sold it a month 
later to Healey Morse. He kept it until 1859, when he leased it 
to Mr. Blake, who was its landlord for a single year, and was suc- 
ceeded by W. A. Stevens, better known to the sporting fraternity 
as "Jockey Stevens." He left it in March, 1862, selling his lease 
to Mr. Hannibal Bonney, who bought the property the next year, 
and, very efficiently aided by Mrs. Bonney, has since made it one 
of the most comfortable hotels for sensible people to be found in 
all New England. 

During its life of one hundred years this house has had nine 
landlords, three of whom, viz., Capt. Chandler, Lieut. Johnson, 
and Mr. Bonney, have " run it," as the phrase is in manufacturing 
communities, during eighty-three of the one hundred. 

The ell is of more recent date, and was built for Capt. Chandler, 
in 1820, by Mr. Moses Morse, a builder of repute in his day, and 
still favorably remembered in this locality. 

TWO KINDS OF TAVERNS. 

These taverns were of two kinds, viz. : 

First. Those kept for the most part in large villages, for the 
accommodation of stage passengers and persons travelling by 
private conveyances, and, 

Second. Those kept mainly for entertaining the teamsters 
above mentioned and their horses. This distinction is a fair one 
if it be not carried too far, for the highest company often stopped 
at those of the latter class, and to this belonged the one which has 
ever had so distinguished a reputation, and has regaled us so sat- 
isfactorily on this occasion. 

THE TEAM TAVERN. 

Similar characteristics attached to all of this class. In front of 
each stood, well out in the highway like a giant to greet every 
passer along the road, a huge post twenty-five feet high, from 



PROCEEDINGS — .ADJOURNED ANNUAL MEETING. 



391 



whose outstretched arm depended a double-faced sign board, 
bearing some "strange device" and the name of the house. 
Sometimes, like the device on that of the Washington House, it 
was a highly colored portrait of " the father of his country," sug- 
gestive of patriotism and good cheer. Sometimes it was a lively 
picture of some prancing stallion, like that upon the signboard of 
Brown's. At another time a golden phoenix, rising with out- 
stretched wings from its ashes, welcomes the traveller, and suggests 
that hostelries may be immortal, like that golden bird upon the 
well remembered sign of the hotel which still bears that name. 
Again, it was a star like that at Atkinson's, whose supernumerary 
rays bore closer resemblance to a Mexican spur than to a heavenly 
orb ; while, at another time still, it was a scantily robed Indian in 
his war paint, like the one which hung from Stickney's sign post. 
These two last may still be seen among the historic relics of our 
society. 

Along the front of these taverns usually ran a piazza, sheltering 
a long seat, and reached by a flight of steps flanked at each end 
by an iron foot scraper, which was used. The front door opened 
upon a central hall from which a straight stair flight led to the 
second story. Upon one side of this a door labelled " Parlour " 
gave access to the darkest and least inviting of the two front 
rooms. This was for the use of ladies. Upon the other side 
another, labelled " Bar Room," gave entrance to the most spa- 
cious and cheerful room of the house. This was for gentlemen. 
Farther on, a third gave entrance to a long, low room called the 
" Dining-Room," and appropriately so, as the meals there 
despatched were dinner repeated three times each day, whole- 
some, substantial, and abundant. The service was upon the table 
d'hote plan. But tardy waiters never vexed a guest by their de- 
lays, for each one helped himself when he could, and asked help 
from his neighbors when he required it. Little time was wasted 
at the table of one of these old taverns. A good square meal 
was usually finished, by the active aid of a two tined fork and a 
broad case knife, in about ten or twelve minutes. 

But the bar room was, par excellence, the room of the house. 
It had more windows and more sunlight than any other. It had 
also the most comfortable chairs, and, in winter, the largest and 
brightest fire, upon whose maintenance the growth of a good 



392 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



sized wood lot was annually expended. Numerous overcoats and 
whips hung all about the sides of the room, but rarely a hat, for 
this was never a consecrated apartment and its occupants seldom 
uncovered their heads. Placards of auctions, sheriffs' sales, balls. 
fairs, and horse trots enlivened the walls. The wash basin, towel, 
and suspended comb were free alike to all, while the uncarpeted 
floor invited every one to spit when and where he pleased. 

In one corner of this room was the institution from which it 
derives its name, for we can call the bar nothing less than an 
institution. It consisted of a small enclosure made by a breast- 
work some five feet high, capped by a horizontal board some 
fifteen inches wide. It was entered by a door at one end, the 
only door in the house which had a lock upon it. Behind this 
breastwork stood the landlord, smiling upon his company. Upon 
shelves in his rear were displayed the bottles and boxes which held 
the supplies which he kept to cheer and solace his guests. Over 
this bar he dispensed spiritual comfort to the desponding and 
quieting narcotics to the nervous. When he left it he lowered 
upon it a lattice of bars, which, like the portcullis of an old feudal 
castle, effectually obstructed all access to its interior. 

The landlord behind his bar, like the president in the White 
House, was a dispenser of favors. Nor did he for these demand 
an extravagant equivalent. He gave a glass of new rum for three 
cents, and a bunch of twenty-five long nine cigars for six. 

The bar-room was a democratic place, open to all, where every 
man was as good as every other man and sometimes a little better. 
Here all subjects were discussed with the utmost freedom, — pol- 
itics, religion, crops, temperance, wayside experience, and what- 
ever else might be suggested. It vvas a central point to which 
news naturally tended, and it was also a radiating point from which 
it was diffused. 

TAVERN CHARGES. 

The charges for entertainment at these old inns were exceed- 
ingly moderate. A gentleman had supper, breakfast, and the sole 
occupancy of one of the best rooms of the house for a dollar. A 
teamster, who sat at the same table, had the same privileges, with 
the addition of grog and cigars night and morning, but lodged in 
a smaller chamber, which, if necessary, he shared with another, 
paid fifty cents. 



PROCEEDINGS — ADJOURNED ANNUAL MEETING. 



393 



The advent of the railroad forty years ago destroyed the occu- 
pation of the rural landlords. Many of their inns, deserted by 
their former patrons, were converted to farm houses, and are still 
used as such. Not a few, in ways unaccountable, took fire and 
were burned at the expense of the insurance companies. A 
limited number have, like the Penacook House, gathered new 
guests and still thrived. 

But, who constituted the great procession which for the last 
hundred years has moved up and down this ancient thoroughfare 
we have neither knowledge or time to tell. They formed a part 
of the great caravan then marching onward to the realms of the 
future. So far as we know and remember them it becomes us to 
think charitably of their faults and to magnify their virtues. 

Mr. Walker was followed by Messrs. Woodbridge Odlin, Abial 
Rolfe, William P. Chandler, of Illinois, and John C. Linehan, in a 
series of varied reminiscences. 

" Mills and Manufacturing on the Contoocook and Neighboring 
Streams," was the subject of an address by Hon. John Kimball : 

As early as 1732, the proprietors of what is now the city of 
Concord voted 140 acres of land to the party who would build a 
saw- and grist-mill on Turkey river. These conditions were com- 
plied with by Henry Lovejoy and Barrichias Farnum. The grist- 
mill was built near St. Paul's School, and the saw-mill at the next 
waterfall up the river. Unusual natural advantages were found at 
the outlet of Long Pond, and Mr. Lovejoy availed himself of them, 
built a mill, and resided there. His log house was near the build- 
ing now owned by the city of Concord, which was formerly the 
homestead of the late Levi Hutchins. Mr. Farnum lived a little 
north, near the West Concord cemetery. Soon after they added 
a forge for the manufacture of wrought iron, from which the name 
Forge Pond was taken. The canal dug by Lovejoy to conduct 
the water from Forge Pond to his mill is now in use by the Con- 
cord Manufacturing Company. Lovejoy was driven away by the 
Indians, and the inhabitants of Rumford (now Concord), Con- 
toocook (now Boscawen), and Canterbury (now Canterbury, Lou- 
don and Northfield), seventy-one in number, petitioned Gov. 
Wentworth and the council " That Henry Lovejoy has at great 
expense erected a good mill at a place the most advantageously 



394 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



situated to accommodate the three towns ; that it is the only mill 
in all the three towns that stands under the command of the guns 
of the garrison." They ask that such protection as may encour- 
age him to reenter and possess his at present abandoned garrison 
for the ends and purposes above mentioned. The petition bears 
date January 2, 1748. 

MILLS AT BOSCAWEN PLAINS. 

November 8, 1734, at a meeting of the proprietors of Contoo- 
cook, held in Newbury, Mass., voted that a grant of fifyt acres oi' 
land, adjoining the mill privilege and on both sides of the stream, 
be given to those who would build a saw- and grist-mill, as soon 
as twenty families were settled there. These mills were situate 
on the small stream at the north end of King street, now Bos- 
cawen plain. The offer was accepted by nine men, who give 
their bond that they would build the mills. Mills have been con- 
tinued on the same site until the present time. It was the first 
mill built in the town. Dea. Isaac Pearson carried on the carding 
wool and dressing cloth business near the same place, many y^ars 
later. He lived in what is now or recently the Ambrose tavern. 
The writer remembers the large letters I. P. painted on the garden 
fence more than fifty years ago. He was succeeded by Samuel 
M. Durgin, Esq., in the same business, who added the business of 
a wheelwright. 

MILLS AT THE MOUTH OF THE CONTOOCOOK. 

The owners of the mills at the plain had the option to build a 
mill on the Contoocook river, provided there was not sufficient 
water for their mill at the former place. 

No attempt was made to utilize the water power of the Con- 
toocook till 1787, just one hundred years ago. The first was a 
saw-mill on the outlet in the Borough. Soon after there was a 
grist-mill with two run of stones, just above where is now the 
woolen factory of A. Harris' Sons. This mill was standing in 
1830 ; the stones were removed by Mr. Benjamin Kimball for his 
mill, now in existence near the iron bridge, in 1831. There is a 
tradition that it was built by Isaac and Jeremiah Chandler. A canal 
was taken from the pond at the grist-mill, and by it the water was 
carried to the site of the saw- mill, built about the same time as 
the grist-mill. In 1830 this mill was owned by R. & W. H. Gage 



PROCEEDINGS — ADJOURNED ANNUAL MEETING. 



395 



and others. It consisted of two mills under one roof — the shore 
mill was used to saw all kinds of logs, while the "river mill " was 
used as a gang to saw oak plank for the ship-builders. The mill 
has been in constant use until recently It was owned by the 
Chandlers, R. & W. H. Gage, ami subsequently by C. & J. C 
Gage, when it was sold to Messrs. Whitcher & Stratton and others. 

About 1857, John V. Barron, John H. Pearson, and others, 
flour merchants of Concord, built a flour mill there, which has 
been in constant use to the present time, under different owners. 
It has been very successful. The present owners are Stratton, 
Merrill & Co. 

Warren Johnson came here from Northwood in 1825, and built 
a blacksmith shop, having learned the trade of edge-tool making. 
He possessed superior skill as a worker of iron and steel, and soon 
added to his business the manufacture of mill work, iron axle- 
trees, and iron work generally. He died in this village a short 
time ago. 

Hiram Gage, son of Richard, succeeded Mr. Johnson, but soon 
was attacked by the Western fever, and removed to Clinton, Iowa, 
where he now resides. 

Saws of all kinds have been manufactured here by various 
parties, also, axe-handles, barrels for the flour mills, and many 
other industries have been carried on here. 

The carding mill and cloth- dressing establishment of W. H. 
Gage was largely patronized. It was probably built about 1820. 
Wool was brought to Mr. Gage by the farmers, carded into '"'rolls," 
then returned to the farmers to be spun and wove by their wives 
and daughters, the cloth returned to the mill to be dressed and 
made ready for the clothing of the family. This mill is now 
standing, and is used as a store house for the Harris Woolen Mill. 

In 1S47, Almon Harris of Nelson purchased the site of the old 
carding and grist mill, and built a stone factory, and commenced 
the manufacture of woolen goods. Since his death in 1876 the 
business has been successfully continued by his sons. 

On the south side of the river, near the Merrimack, Mr. Nath- 
aniel Rolfe built a saw-mill, in 1825. His wife was the daughter 
of Rev. Timothy Walker, the first minister of Concord. The mill 
was in successful operation until within a few years, and was 
carried on by his sons, Abial and Henry, Henry Rolfe & Sons, 



1 






396 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Rolfe Brothers, and recently by his great grandsons, C. M. & A. 
VV. Rolfe. Other buildings have been added from time to time, 
and the manufacture of lumber in various forms is still carried on 
there. The old, original mill is not now in existence. 

Mr. William Blanchard, of Boston, came into the possession of 
some of the water power there, about twenty years ago, and en- 
gaged in the manufacture of " excelsior." This was made by 
cutting the fibres of poplar wood into fine shreds, some of them 
no larger than a coarse thread, to be used in the manufacture of 
furniture of an inferior quality. 

At an earlier date Mr. H. N. Harvey manufactured sash, doors, 
and blinds there. He is now living in Canada. 

Quite recently the mackerel kit machinery from West Concord 
has been operated there. Those who were active as ward poli- 
ticians in 1 86 1 will remember the party who voted the Mackerel 
Kit Ticket for mayor successfully, and to the successful candidate, 
Hon. Moses Humphrey, we are indebted for the rapid transpor- 
tation by the motor line to this anniversary. 

MILLS AND MANUFACTURING AT THE UPPER FALLS. 

This water power had attracted attention. In 1824, George 
D. Varney, an enterprising man, came here from the eastern part 
of the State, near Dover. He purchased real estate about the 
falls of ten different holders. The first deed is dated January 1, 
1825, and the last is from the administrator of the estate of Capt. 
John Chandler, dated September 2, 1825. Capt. Chandler died 
the 24th of January of the same year. 

Mr. Varney built the dam at the upper falls, and commenced 
to erect a saw-mill on the south side of the river, but for some 
reason his project was not successful. The frame of the saw- 
mill was taken to the Borough, and set up just below the bridge. 
Nothing more was done until 1830, when the Varney purchase 
was conveyed to Benjamin Kimball by Hon. Jeremiah Mason, 
agent for the United States Bank, by deed dated 15 April, 1830. 
The deed was signed by Nicholas Biddle. 

Those of you who remember the lively political times of Gen. 
Jackson, and have read a book entitled " Life and Public Services 
of Maj.-Gen. Jack Downing," will call to mind this distinguished 
bank president. 



>- 



7 



PROCEEDINGS — ADJOURNED ANNUAL MEETING. 



397 



Mr. Kimball built the dam at the second fall, and erected the 
brick grist-mill in 1831. He died in 1834. and the property was 
sold, just before his death, to Calvin Gage and others, who ob- 
tained a charter for the Contoocook Company, and sold the prop- 
erty to Freeman and Francis Fisher, of Boston, May 7, 1835. 
The same year the foundation for the Contoocook mill was laid, 
and, in 1836, the mill was erected. It is of granite, one hundred 
feet long, fifty feet wide, and five stories high. The mill stood 
idle for several years, but the basement was used for the manu- 
facture of match sticks. The matches were dipped in a small 
building now standing near the Washington House. Later a Mr. 
Messenger and A. B. Winn came here and commenced the manu- 
facture of negro cloth in the Contoocook mill — a coarse fabric 
made with cotton warp and filled with cheap foreign wool. It 
was sold largely in the Southern states. 



In 1842 manufacturing cotton goods became profitable. The 
Contoocook mill, which had been occupied for several years 
only in a small way as before named, was leased to H. H. and 
J. S. Brown, of Attleboro', Mass. They had moved here with 
their families, and there came with them their brothers and others, 
who have been prominent and honored citizens to this day. The 
mill was filled with machinery for manufacturing print cloths, 
which was successfully carried on for many years. The company, 
in their first purchase, bought all of the water power at both falls, 
and, in order to improve it on the south side of the river, it be- 
came necessary to obtain the land there, which was done in 1845. 
The following year the canal was dug, and the Penacook mill, three 
hundred feet long, fifty- two feet wide, and three stories high, was 
completed. This, too, was leased to the Messrs. Brown, who 
filled it with machinery, the same as the Contoocook mill, and it 
has been operated by them, either as partners or separately, 
nearly all of the time until the present, the brothers and sons hav- 
ing an interest part of the time. 



Near the iron bridge is a small stone mill, which was, soon after 
1850, occupied by Mr. J. B. Rand, for the manufacture of piano 
and other hardware. He soon added the manufacture of pianos. 
Mr. Rand did not coutinue a lon^ time in the business. 



39^ NEW HAMPSHIRE HISTORICAL SOCIETY. 

Mr. Jonathan Walsh, who had been with James Howarth, of 
Loudon Ridge, filled the mill with machinery, and commenced the 
manufacture of woolen goods. 

The mill is now occupied by Messrs. J. E. Symonds & Co., the 
Co. being our well-known fellow-citizen, George W. Abbott, Esq. 
They make dining and other tables. We should infer, from the 
general appearance at the easterly part of the village, that their 
labors were crowned with abundant success. 

Just across Main street, near the iron bridge, there is a tract of 
land where once grew three or four large chestnut trees ; one of 
them bore the biggest nuts that could be found in all Concord. 

The trees have gone, but there have been introduced there 
several industries to supplant them. I do not know as I can name 
them in their order, but my recollection is the first was a small 
foundry and stove factory. The original proprietor, T. W. Pills- 
bury, sold it to Mr. Fisher Ames, now a resident here. He asso- 
ciated with himself his brother Albert, and Mr. Calvin Gerrish. 
There came a shower one night, and nearly all of the property was 
swept away, by the flood, into the foaming Contoocook. The 
house, formerly the hospitable home of Eben Batchelder, Esq., of 
Canterbury, was moved there, and a Mr. Bredt carried on the 
manufacture of shoe pegs in it. The building has been removed 
the past summer. 

I omitted the manufacture of furniture at the lower fall, on the 
Boscawen side, which was begun by Mr. Robinson, and afterwards 
by B. F. Caldwell, about the year 1848. 

Iu order to enlarge the business, Mr. Caldwell leased a water 
power at the upper fall, near where the chestnut trees stood, and 
built the first building. It was to this building he moved his ma- 
chinery which was used for the manufacture of pine furniture. 
He continued alone for a time, when he took as partners the late 
Henry H. Amsden and Samuel Merriam. The factory was the 
largest of the kind in New England, and, for a time, it was about 
the only one. Mr. Merriam sold his interest to his partners, who 
continued in company until 1868. Afterwards Mr. Amsden and 
his sons became the sole proprietors. Since the death of Mr. 
Amsden and his eldest son, the business has been carried on by 
Hon. Charles H. Amsden, under the firm name of H. H. Ams- 
den & Son. 



PROCEEDINGS ADJOURNED ANNUAL MEETING. 399 

The plant has been improved from time to time by increasing 
the capacity, adding steam power and new machinery of all kinds, 
including electric light, and is one of the leading unincorporated 
manufacturing industries of the state. 

Remarks upon the same subject were made by Mr. Simeon 
Abbott. 

Hon. Lyman D. Stevens spoke of " The Old Methods of Trans- 
portation," as follows : 

Early in the history of mankind the idea of a vehicle on wheels 
and drawn by animals must have been suggested, doubtless, soon 
after the domestication of the horse and ox. The first efforts in 
this direction were of a very rude description, and they must have 
been very much like the bullock carts of South Central Africa of 
the present day. Carts on two wheels were of earlier origin than 
chariots. Six hundred years after the flood, both the Egyptians 
and Assyrians used both carts and chariots. Chariots were 
used for two purposes, — as an evidence of great dignity and ex- 
alted station, as when Pharaoh ordered that Joseph should ride in 
the second chariot. It was 300 or 400 years later when those 
designed for state carriages were provided with a cover and 
cushions on which the nobility reclined and the charioteer in front 
drove the horses. The first war chariot is said to have been built 
at Athens, by one Erecthoneus, about 1586, B. C, and continued 
in use till the Christian Era, when it was indicative of luxury only, 
— up to that time no springs had ever been used. During the 
Theoracy the use of chariots was forbidden, but in David's time 
and in Solomon's time they came into use, Solomon maintaining a 
force of 1,400 chariots, which were imported from Egypt at a 
cost, in our money, of over four millions. Chariots were used in 
the Isthmean and Olympian games, and the nobles drove with 
great rapidity over their magnificent roads. 

During the dark ages the roads were so poor and rough that 
carriages were mostly abandoned. On the continent asses, mules, 
and large Norman horses were used. In 1550 there were only 
three coaches in Paris. The stage coach was first introduced in 
Queen Elizabeth's time, about 1564. The nobility soon set up 
their carriages, and some increased the number of horses to six 
and even eight. For the next hundred years the use of carriages 



400 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



was confined to the nobility (but a few hackney coaches or hacks 
were kept for hire after 1625). During nearly the whole of the 
1 8th century, hackney coaches, heavy stage coaches, and post 
chaises were the only vehicles used in England by those who did 
not own them. The huge covered wagons, drawn by 8 to 20 
Norman horses, had a space partitioned off in the hinder end and 
covered with straw, in which 6 or 8 passengers could be carried, 
and all had to sit on the straw on the floor. This was called rid- 
ing in the tail of the wagon. 

Steel springs were introduced about the year 1750, but not the 
elliptic spring. The leather spring or thoroughbrace was first used 
about the end of the 18th century. 

McAdam, Telford, and other civil engineers, near'the beginning 
of the present century, so improved the highways in Great Britain 
that lines of stages were established, running regularly, carrying 
the mail, and made comfortable for the transportation of passen- 
gers, and made regularly 10 miles per hour. From 1795 to T ^35 
these vehicles were the favorites of travellers. At the time of the 
Revolution the stage coach was unknown on this continent. For 
the first two centuries the usual mode of travelling in this country 
was on horseback, for the good reason that there were no roads 
suitable for carriages. Improvement in roads led to improvement 
in vehicles, and from 1810 to 1845 stage coaches were, of their 
kind, admirable vehicles, and the Concord coaches and wagons 
became famous the world over. 

Rev. Timothy Walker rode in a chaise having no top and wide 
enough for two persons. The first chaise in Concord was bought 
by Col. Benjamin Rolfe somewhere from 1767 to 1770. Dea. 
Joseph Hall, about the same time, purchased a chaise like Col. 
Rolfe's. Col. Peter Greene, Robert Harris, and Rev. Israel 
Evans, who settled in Concord in 1789, owned chaises. People 
generally rode on horseback or went on foot. There were very 
few sleighs, and in heavy snows horse- or ox-sleds were commonly 
used. 

In 18 ro, history says, wagons were just beginning to make their 
appearance. The bodies rested on the axle and had no springs. 
Thoroughbraces came later. The roads were rough, stones were 
not cleared out, and the noise made by these wagons rattling over 
them was called home-spun thunder. When Benjamin Rolfe came 



PROCEEDINGS ADJOURNED ANNUAL MEETING. 



40I 



to Boscawen from Newbury, Mass., he rode with his wife on a 
single horse, bringing an axe, shave, podauger, gauge, hoe, other 
tools, and certain domestic utensils. 

In closing, he said, if we shall imitate the high character of our 
forefathers for probity and patriotism, we shall continue to progress 
as a people, and our high character as a people must preserve us 
in time to come. 

Hon. Sylvester Dana followed on the same subject. 

Mr. Isaac W. Hammond gave "A New Version of Hannah 
Dustin." 

Hon. Moses Humphrey spoke of the " Horse Railroad," and 
U. S. Senator William E. Chandler of " The Railroad— the Last 
and best Method of Transpoitation." 

" What Changes in Modes of Transportation and Travel are 
Probable in the Next Fifty Years?" was the subject of the closing 
speech, by Amos Hadley. Mr. Hadley said : 

I am asked to prophesy, though I am not a prophet, nor the 
son of one. But I can exercise the Yankee's privilege of guess- 
ing, and with the more boldness, as I have no fear that many of 
my compeers of the Historical Society, within present hearing, 
will have the opportunity to laugh at me half a century hence, 
however wild my guessings should prove. Indeed, the wonderful 
changes wrought in the mode of travel and transportation during 
the past fifty years, warrants a pretty adventurous flight of the 
imagination into the airy realm of the probable and possible in 
future changes. Those changes — from turnpike to railway ; from 
stage-coach to palace car ; from teamster's pung to merchandise 
train ; from the weary horse of flesh to untiring horse of iron as 
common carriers ; from sailing packet to ocean steamer ; from the 
days and weeks of tedious jogging to the hours and days of rapid 
transit ; from distance almost impassable to distance almost anni- 
hilated, — I need not dwell upon, as they have been pretty fully 
treated by preceding speakers. These changes seemed, fifty years 
ago, to most minds, " such stuff as dreams are made of." 

There are some changes which solid reason can calculate upon 
as likely to occur within the next fifty years in this matter of trans- 
portation. My remarks will mainly be confined to the railway ; 



402 NEW HAMPSHIRE HISTORICAL SOCIETY. 

which course certainly finds precedent in the present protracted 
session of the general court of New Hampshire. It seems reason- 
able to suppose that important improvements will be wrought by 
that subtle physical agent, the laws of whose operations science 
has been for years and is still wonderfully finding out, and apply- 
ing to the practical uses of man. The inventions of Siemens, 
Aryton, Edison, and others, in electro-motion, and the experi- 
mental tests of those inventions, have already gone far towards 
proving the practicability of the employment of electricity as the 
motive power in transportation. Short lines, with the electric 
motor, are in operation in Europe ; while experiments have been 
made, and are making, in this country, at art and scientific 
expositions, and upon street railways, all tending to show the 
feasibility of substituting the electric motor for horse or steam 
power in propulsion. ''Already," as a competent observer has 
declared, ** the electric railway is sufficiently advanced to be ready 
for commercial developement. The main features of a successful 
system have been determined. No new electrical discoveries are 
necessary to the practical realization of this mode of propulsion, 
and the problems to be encountered in actual construction are 
not beyond the skill of the engineer." 

The general application of electric propulsion may confidently 
be expected to be made very soon upon street railways. I cer- 
tainly expect to see my friend, Superintendent Humphrey, making 
a success of ?t upon his road very early in the next half century. 
But the application will not stop with street or suburban railroads ; 
it can hardly fail to be extended to the general railway system, and 
to water transportation, as well. 

Possibly, too, the " telpher," a contrivance in process of com- 
pletion, may be found carrying its burdens through the air, — its 
light wheels propelled by electricity over rods strung upon poles 
sufficiently strong but inexpensive, thus affording a cheap and 
speedy transit for merchandise over portions of the country where 
it may not be profitable to lay surface tracks. How far aerial 
navigation may be otherwise extended to practical uses, can with 
no safety be predicted. I confess that I do not look for much 
from aeronautics in the war of practical improvement in modes 
of travel and transportation. But I would not be incredulous of 
the possible achievements of human science and ingenuity. 



PROCEEDINGS — ADJOURNED ANNUAL MEETING. 



403 



There have been miracles ; and, in an important sense, the day of 
miracles has not passed. 

But you will now permit me, in conclusion, to back up some 
of my guessings by sundry declarations of a historian of the year 
of grace, 1938 : in other words, to reverse the glass prophetic, 
and look at events from the end historic. How I got this his- 
toric verification, you will not insist upon my telling, but here are 
excerpts germane to the subject under consideration, taken from 
a chapter entitled 

THE AMBER AGE. 

Fifty years ago, our country, from lakes to gulf, and from ocean 
to ocean, was threaded by iron lines of railroad. Now, these 
lines have been much multiplied. Then, steam was the motive 
power; the heavy locomotive — a miniature Vesuvius — belching 
smoke and cinders, pulled the long and heavy train over the 
heavily constructed track, with the rumble of thunder. Now, the 
mile-long trains glide smoothly along, upon their light wheels, yet 
preserve adhesion to the track, impelled by a silent, mighty, and 
invisible force, and with all the old-time velocity. Of smoke and 
vexatious cinders there are none to molest the contented traveller. 
The mighty agent that propels, also lights with brilliance — as it 
does the cities and dwellings of men — the commodious cars at 
night ; while electric signals, instantaneously noting the position of 
trains, help preclude the possibility of collision. Besides, the 
lighter construction rendered possible by electro-motion, and the 
greater readiness with which it yields to control, with other 
ingenious devices in its application, prevent the serious effects of 
collision ; and the occurrence of those dreadful accidents, the 
heart-chilling accounts of which filled the columns of the newspa- 
pers fifty years ago, is absolutely impossible. Indeed, collisions 
themselves are reduced to the minimum of rarity. Nor do the 
snows and ice of Northern winters materially hinder ; for with the 
electric plow, with brushes of steel working before the wheels, and 
with other effective devices to preserve the due friction of wheels 
with track, — electricity is not baffled by the obstacles that winter 
may throw upon its track. * * * 

Moreover the expense of travel and transportation has been 
materially lessened through the employment of the same propel- 
ling agent ; and the assertion of Prof. Ayrton, made more than 

VOL. EX. 28 



404 NEW HAMPSHIRE HISTORICAL SOCIETY. 

fifty years ago, has been fully verified, that the cheapening of rail- 
way transportation is one of the chief recommendations of the 
electric system of locomotion. It is long since, that two cents 
or less have carried a passenger his mile, and that, too, without 
the discriminating expedient of a thousand mile ticket. * * * 

Now, though electricity has wrought many beneficial changes, 
it has not brought the millennium ; and railroad corporations are 
not yet so entirely scrupulous in the exercise of the vast power 
acquired by the concentration of capital, as not to need a vigi- 
lant popular eye. It is well for American liberty, that such an 
eye is and always has been upon them. The people will not 
sleep with the incubus of corporate monopoly brooding too 
heavily. Thus far the proper resistance has been made when the 
occasion has demanded. Occasionally, as half a century ago, an 
executive veto, like a thunderbolt of Jove, helps clear the atmos- 
phere murky with unhealthy lobbyism. * * * 

On the whole, one may rejoice that his day and generation are 
of the present; and as he recalls how the wise Thales of Miletus, 
twenty-five centuries ago, discovered electricity in the beautiful am- 
ber, — and thought it a living spirit, — may well, in view of all the 
wondrous beneficial uses to which the subtle agent has been since 
applied, and which bless morally, socially, intellectually, and econ- 
omically the present era. recognize this Age, as, if not the Golden 
one, at least that of Amber. 

The following resolutions, presented by Mr. L. D. Stevens, were 
adopted : 

Resolved, That the thanks of the N. H. Historical Society are 
due, and are hereby tendered, to Mr. Hannibal Bonney and his 
worthy wife, for the courteous and sumptuous manner in which 
they entertained its members on the occasion of the centennial 
celebration of the opening of his hotel ; and the wish is hereby 
expressed that the Penacook House may be as famous for its good 
cheer for a hundred years to come as it is under the charge of its 
present proprietor and his wife. 

Resolved, That a copy of these resolutions be furnished Mr. and 
Mrs. Bonney. 

Mr. J. B. Walker moved a vote of thanks to Messrs. Isaac K. 
Gage and Abial Rolfe for their efforts in carrying out so success- 
fully the centennial observance, — which was passed. 



PROCEEDINGS — ADJOURNED ANNUAL MEETING. 405 

The following resolution, presented by Mr. Sylvester Dana, was 
adopted : 

Resolved, That the N. H. Historical Society hereby gratefully 
recognizes the kindness and courtesy of the Torrent Engine Com- 
pany, of Boscawen, in placing their hall at the service of the 
society on their centennial anniversary of the Penacook House. 

The society then adjourned till the third Tuesday of January, 
1888. 



ADJOURNED ANNUAL MEETING, 



Concord, Thursday, January 19, 1888. 

The adjourned sixty-fifth annual meeting was held this day. 

At 6 o'clock p. m. an elegant banquet of some thirty plates was 
served at the Phenix Hotel, after the courses of which President 
Sargent called to order in a business meeting. 

A letter of regret from Hon. C. H. Bell was read. 

A letter from Maria E. Brown, of Boston, concerning memorial- 
izing congress in relation to the discovery of America by Leif 
Erickson, was read. 

Mr. J. B. Walker, in behalf of Mrs. Elizabeth L. Upham 
Walker, of Concord, and Rev. Nathaniel L. Upham, of Phila- 
delphia, presented manuscript sermons of Rev. Timothy Upham, 
of Deerrield, N. H. 

The gift was accepted with thanks to the donors, the surviving 
children of Hon. N. G. Upham, grandson of Rev. Timothy Up- 
ham. 

The society then repaired to the hall of the Grand Army of 
the Republic. 

President Sargent introduced the literary exercises by reading a 
Memoir of Rev. Timothy Upham : 

Members of the N. H. Historical Society, Ladies and Gentlemen : 
In overhauling, several months ago, a collection of papers that 
had, through many years, been accumulating in the house occu- 
pied by the late Judge Upham, of this city, a collection of ser- 
mons written and preached by the Rev. Timothy Upham, A. M., 
late of Deerrield, N. H., the grandfather of the Judge, were 



406 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



found in a good state of preservation. It seems that Judge 
Upham and a younger brother of his had classified and arranged 
these sermons according to date, and putting the sermons of each 
into a separate volume, so as to make 39 volumes in all like the 
sample here present, and it was decided by the two surviving chil- 
dren of Judge Upham to donate the volumes to the N. H. Histor- 
ical Society ; and it was thought that this occasion would be fa- 
vorable for that purpose, and it was thought best by the officers of 
the society and by the committee having the affair in charge that 
the subject for this evening's discussion should be " The life and 
character of the late Rev. Timothy Upham ; " and in connection 
with that, " Some recollections of the clergymen of the olden 
time, particularly those who were active during our Revolutionary 
struggle." Arrangements have been made accordingly at the 
business meeting of the society, held since our banquet, this eve- 
ning. These papers have been duly presented to the society by the 
Hon. Joseph B. Walker, in behalf of Mrs. Walker, his wife, and 
of her brother, Rev. Nathaniel L. Upham, a clergyman of the 
Presbyterian church in Philadelphia, in charge of their annuity 
fund for ministerial support, they being the only surviving children 
of the late Judge Upham. The papers have been duly accepted by 
the society and ordered to be placed among its archives, and we are 
here, my brethren, to carry out the remaining programme for the 
evening. 

Rev. Timothy Upham was descended from John Upham, who 
was born in England in 1597, and came to this country about 
1635, at the age of $S f and settled first in Weymouth, Mass. ; re- 
moved to Maiden, Mass., about the year 1648, where he lived 
until the time of his death, which occurred in 1681, at the age of 
84. He was prominent among the business men in both those 
towns. He had a son, Phinehas, who was known as Lieutenant 
Phinehas Upham, and he had a son, Phinehas, who was known 
as Deacon Phinehas Upham, and he also had a son bearing his 
own name, who was known simply as Phinehas Upham, and he 
had a son, Timothy, born in 1710, who was the father of the Rev. 
Timothy Upham the subject of this sketch. He was born in 
Maiden, Mass., February 20, 1748, where his ancestors had resided 
for a century. He graduated from the University at Cambridge 
in 1 768, at the age of twenty years, studied for the ministry with 



PROCEEDINGS — ADJOURNED ANNUAL MEETING. 



407 



the Rev. Mr. Trask, of Brentwood, N. H., was licensed to preach 
and accepted a call from the church at Deerfield, N. H., and was 
ordained and installed as pastor of the church there in November, 
1772. then twenty-four years of age, where he remained nearly 
thirty-nine years, and where he died February 21, 181 r, aged 
sixty-three. 

He married Miss Hannah Gookin, daughter of the Rev. Na- 
thaniel Gookin, of North Hampton, and of Love Wingate, his 
wife. She was the mother of his children, and died in 1797. He 
married, for his second wife, Miss Hepsibah Neal, of Stratham, 
N. H., who died May n, 181 1, only a few months after her husband. 
He was the first pastor in the town of Deerfield, and this was his 
first and only pastorate. He is described as being a man six feet 
tall, rather spare, but perfectly erect. His hair was black, his 
eyes hazel, his nose straight and rather prominent, his teeth per- 
fect and remaining so to the time of his death. His voice was 
remarkably melodious and powerful, his enunciation clear and 
distinct. His mind was well balanced, his judgment good, and 
his temper, though quick, was under perfect control. He was 
devout and earnest, wise and prudent, a faithful minister and 
well beloved by his people. We do not learn that he was given to 
preaching politics even though his ministrations extended over 
the exciting times attendant upon the Declaration of Independence 
and the Revolutionary War. We have no doubt, however, that 
he was a true patriot, and rejoiced in the success and indepen- 
dence of his country. 

In the War of the Rebellion it was said that it was greatly due 
to the teachings and influence of our home missionaries that the 
great West was saved to the cause of freedom and the Union. 
So, in Revolutionary times, it was the teaching and the influence of 
the clergy of that day, as much as any other one cause, that 
aroused the spirit of patriotism and love of freedom that carried 
the country through its great struggle for life and liberty. Several 
of Mr. Upham's sermons were printed and extensively read. He 
preached a sermon before the Columbian Lodge of Freemasons 
of Deerfield, December 27, 1792, at the Festival of St. John the 
Evangelist, which was printed by request of the Lodge, in which 
he enjoined the duty of loving one another, and, in closing, said : 
" Much respected friends, as to the ends and design of your insti- 



4o8 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



tution, the principles of Masonry or the festival you this day pro- 
fess to celebrate, you can expect nothing from me. To say any- 
thing in commendation of that which I know nothing of would be 
insincere ; and to censure it would be illiberal and unjust." Pass- 
ing over all these things, he appealed to them as candidates for 
crowns laid up in Heaven for all those who truly love God and 
one another. 

He loved his profession and gave himself to it without reserve, 
filling up his days with usefulness. His salary was eighty pounds per 
annum or about four hundred dollars. On this sum he lived and 
supported his family, and was much given to hospitality. He was 
buried in the old grave-yard at Deerlield. His tomb-stone bears 
this inscription : " Sacred to the memory of the Rev. Timothy 
Upham, first pastor of the Congregational Church in this town, 
over which he was ordained November, 1772, and was continued 
to them to mutual satisfaction for thirty-nine years ; then this 
mortal put on immortality. In the joyful hope of a glorious 
resurrection he departed this life February 21, 181 1, aged 63. As 
a testimony of their grateful remembrance of his long and affec- 
tionate services, the Congregational Society to whom he minis- 
tered have erected this monument." 

His funeral sermon was preached by Rev. Peter Hall, a. m., of 
Epping, N. H., from which I extract the following: ''Wisdom 
and prudence are highly requisite for a gospel minister. So 
necessary is prudence that some pious and learned men have 
thought that though a man might have every other qualification, 
yet if he has not a good measure of prudence, he ought never to 
be put into the gospel ministry. This was an eminent qualification 
in the deceased pastor of this church, as is manifested from the 
uninterrupted harmony which has continued between him and his 
dear people to the close of his life. In him was united much of 
the wisdom of the serpent and the harmlessness of the dove." 
"Add to this the Rev. Mr. Upham was a very humane, benevo- 
lent, and affectionate minister." And he finally adds : " It is 
required of a gospel minister that he be given to hospitality. 
This was an eminent trait in the character of your deceased pas- 
tor. They who visited him, whether strangers or acquaintances, 
were kindly received and courteously entertained." 



PROCEEDINGS — ADJOURNED ANNUAL MEETING. 



409 



We are reminded forcibly that a hundred years have brought 
about a great change in the manner and expense of living ; for it 
would be a very troublesome conundrum for the ministers of the 
present day to find out how they were to live and support and 
clothe and educate a family and pay necessary expenses, and be 
very benevolent and charitable, and also to meet that other 
requirement, that he be given to hospitality, and all on a salary of 
four hundred dollars a year. 

In leaving the subject, we may be allowed to add that the eldest 
son of Rev. Timothy Upham was the Hon. Nathaniel Upham, 
who was a merchant by profession, and who commenced business 
at Deerfield, then removed to Portsmouth, and soon after to 
Rochester, N. H., where he continued to live the remainder of 
his life. He held various offices of trust, such as representative 
to the legislature, councillor for the state, and was three times 
elected to congress, being a member of that body from 181 7 to 
1823. He died July 10. 1829, at the age of 55. His second 
son, Nathaniel Gooking Upham, was the Judge Upham of this 
city, well known to most of us, who died in 1869, forty years 
after the death of his father. 

I have thus briefly alluded to the history of the Upham family, 
and more particularly to the life and character of the Rev. 
Timothy Upham, of Deerfield, N. H., as introductory to the 
remarks of those who are to follow me this evening. 

Hon. Sylvester Dana spoke of the " New Hampshire Ministers 
of the Olden Time." 

Messrs. Isaac Walker, of Pembroke, J. A. Stickney, of Great 
Falls, and W. L. Foster, C. B. Crane, and Moses Humphrey, of 
Concord, responded to calls from the chair, in remarks upon 
kindred topics. 

At the conclusion of the literary exercises, Mr. Isaac W. Ham- 
mond, from the committee on new members, recommended the 
following persons, who were unanimously elected, by ballot, mem- 
bers of the society : 

RESIDENT MEMBERS. 

W. H. H. Allen, Claremont ; Alonzo P. Carpenter, Mrs. Julia 
P. Carpenter, Mrs Lydia F. Lund, Mrs. Ellen Chase, Mrs. Pauline 
L. Bowen, Mrs. Amanda Rice Tappan, John P. Nutter, A. J. 



4io 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



Prescott, William E. Hood, Edson J. Hill, Edward A. Moulton. 
Henri G. Blaisdell, Frank P. Andrews, Cornelius E. Clifford, Paul 
R. Holden, Harry P. Cilley, Mrs. Myra Tilton Kimball, Concord ; 
John B. Smith, Hillsboro' ; J. P. Kimball, M. D., Suncook. 

The society then adjourned to meet again on the fouth Thurs- 
day of April next. 



ADJOURNED ANNUAL MEETING. 



Concord, Tuesday, April 24, 188S. 

The adjourned sixty-fifth annual meeting of the society was 
held this day. 

Members of the society, with invited guests, partook, at 6 : 30 
o'clock p. m., of a collation served at Eagle Hotel. 

Literary exercises then took place, at 7 : 30 p. m., at the hall 
of the Grand Army of the Republic, the president in the chair. 

Rev. Edmund F. Slafter, of Boston, delivered an address upon 
"The Discovery of America by the Northmen." 

After the address, Miss Grace E. Drew read Longfellow's 
" Skeleton in Armor." 

In the business meeting of the society which followed, Mr. 
J. B. Walker presented the following resolutions which were 
adopted : 

Resolved, That the thanks of this society be hereby presented 
to Mr. Slafter for his very able, interesting, and important address 
upon the advent of the Northmen to this continent, and that he 
be invited to furnish a copy of the same for publication in our 
Proceedings. 

Be it also resolved, That our thanks are due and are hereby 
tendered to Miss Grace E. Drew for her appreciative and exceed- 
ingly satisfactory reading of Mr. Longfellow's " Skeleton in 
Armor." 

Mr. Slafter, in brief respose, stated his studies had not warranted 
the opinion that Columbus knew anything of the discovery by 
the Northmen. 

Mr. Hammond, from the committee on new members, recom- 
mended the following-named persons, who, upon the acceptance 



' 



PROCEEDINGS ADJOURNED ANNUAL MEETING. 



411 



of the report, were unanimously elected, by ballot, members of 
the society : 

RESIDENT MEMBERS. 

Joha C. French, Manchester; Rev. Ebenezer Greenleaf Par- 
sons, Deny ; Rev. George W, Gardner, d. d., New London ; Rev. 
Bradley Gilman, Mrs. Maria L. Gove, Frank W. Rollins, Concord. 

Mr. I. W. Hammond offered the following preamble and reso- 
tion : 

Whereas, This society has no way of warming its library room, 
and it being deemed advisable by some of the members that a 
suitable arrangement be provided before another winter, in order 
to render the room eligible for the holding of meetings of the 
society, the accommodation of historical students, and to enable 
the librarian to prosecute the work of arranging and cataloguing 
the books and pamphlets ; therefore, 

Resolved, That a committee, consisting of Messrs. John Kim- 
ball, Joseph B. Walker, and Irving A. Watson, be appointed to 
take the matter into consideration, decide upon the best plan for 
warming said rooms, the expense thereof, and recommend some 
way of raising the funds for completing the same ; said committee 
being respectfully requested to report their conclusions at the 
annual meeting in June next. 

The president stated that he had appointed a committee to 
attend the recent centennial celebration at Marietta, Ohio. 

After some discussion, the matter of making preliminary arrange- 
ments looking to a proper centennial celebration, on the 21st day 
of June next, of the ratification of the constitution of the United 
States by New Hampshire, was referred to the committee on ora- 
tor and the standing committee, to report at the next adjourned 
anual meeting of the society. 

Adjourned to meet at the society's rooms, on Wednesday, May 
9, 1888, at n o'clock a. m. 



412 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



ADJOURNED ANNUAL MEETING. 



Concord, Wednesday, May 9, 1888. 

The adjourned sixty-fifth annual meeting of the society was held 
at the society's rooms, this day, at 1 1 o'clock a. m. 

Mr. S. C. Eastman, from the committee appointed at the last 
meeting to consider the matter of the centennial celebration, on 
the 21st day of June next, of the ratification of the constitution 
of the United States by New Hampshire, made a report recom- 
mending the appointment of a committee to ascertain, by circular, 
the feasibility of providing a dinner, and defraying other necessary 
expenses for the occasion, and such feasibility being ascertained, 
to make the necessary arrangements for the proper observance of 
the day. 

A committee of three, with authority to add others, was there- 
upon appointed in accordance with the tenor of the report, con- 
sisting of Messrs. Samuel C. Eastman, Amos Hadley, and Joseph 
C. A. Hill. 

Mr. Isaac W. Hammond, from the committee on new mem- 
bers, recommended the following-named persons, who, upon the 
acceptance of the report, were unanimously elected, by ballot, 
members of the society : 

resident members. 

Roscoe E. Collins, Franklin ; Francis L. Abbott, Very Reverend 
John E. Barry, V. G., Concord. 

The society then adjourned sine die. 



Review of the Early Records of New Castle, 
New Hampshire, 



DELIVERED BEFORE THE NEW HAMPSHIRE HIS- 
TORICAL SOCIETY, OCT. 7, 1874, 

BY 

JOHN ALBEE, ESQ. 



For many years the early records of the old town of New Castle, 
from 1693 to 1756. had been missing, and while a later volume 
was supposed to have been borrowed, with or without leave, by a 
lawyer who visited England many years ago to hunt land titles or 
other family property, and died there, tradition hinted that the 
earliest records disappeared in the exciting times of the Revolu- 
tion. Nothing, however, was known or could be ascertained of 
the missing volumes, until the letter given below was received by 
Mr. Howard M. Curtis, town-clerk of New Castle : 

American- European Express, 22 Moorgate Street, 

London, Sept. 15, 1873. 

Dear Sir : — Having been favored with your address by a friend 
in the office of the Adams Express Company, Boston, I take the 
liberty of addressing you in reference to a matter of considerable 
interest, as it seems to me, to yourself and fellow-townsmen of New 
Castle. A neighbor of mine in Hertfordshire has in his possession 
the original town records (manuscript) of New Castle, from the 
year 1693 to 1724, inclusive, in which are included meetings of the 
town, assembly, appointments of officials, constables, ministers, etc. ; 
discussions and resolutions concerning repairs of meeting-house, 
court house ; appropriation of lots, management of ferries ; births, 
deaths, marriages, and a host of other curious and interesting 
proceedings and events during that period. 



414 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



The manuscript, which is in very fair preservation, is bound 
or enclosed in the original rough calf binding, and inscribed, 
" Records of ye towne of New Castle in New England, 1693." 
It was probably abstracted by a British soldier during the War of 
the Revolution, and has ever since been held in this country — for 
many years past by my friend before mentioned. As an Ameri- 
can, I should be glad to see the work' returned to its proper 
depository, where, I doubt not, it would be welcomed, not only 
for its intrinsic value (whatever that may be), but for its myste- 
rious absence and return after the lapse of nearly a hundred 
years. 

I confess that as a descendant of New England, these old time- 
worn pages have a peculiar charm for me, and seem to place me 
in direct and intimate communication with the actors of two cen- 
turies ago, as I read their simple history recorded in their own 
hand-writing. 

I shall be pleased to hear from you, and to know how far your 
views agree with my own as to the importance of these records to 
your town. Meanwhile, I remain, dear sir, yours very truly, 

Henry Starr. 
H. M. Curtis, Esq., New Castle, N. H. 

Mr. Starr is of the firm of H. Starr & Co., London agents of 
the Union & Central Pacific Railroad line, and his letter being 
thankfully received and fittingly replied to by Mr. Curtis, in due 
time was followed by other letters given below, and the restoration 
of the records, consisting of two thin folios, one bound in vellum, 
the other unbound. The slight inaccuracy in Mr. Starr's descrip- 
tion of the binding and number of volumes was probably due to 
his letter being written without the documents before him : 



London, Oct. 24, 1873. 
H. M. Curtis, Esq., — 

Dear Sir : — I have the pleasure to own receipt of your es- 
teemed favor of 3d instant, and also of one from your townsman, 
Mr. F. H. Wade, of 1st idem, in relation to the collection of 
town records mentioned in my respects of Sept 15 to yourself. 

It is very gratifying to me, as well as to my friend, Captain 
Bokenham, of Cheshunt, who has for many years had possession 
of the book, to know that it is to be at length restored to its proper 



EARLY RECORDS OF NEW CASTLE. 



415 



depository, from whence so many years ago it was spirited away. 
It adds greatly to our satisfaction to know that the long lost 
records will be heartily welcomed back by yourself and fellow- 
townsmen, after their wanderings of the greater part of a century; 
for it seems probable that they formed a part of the booty taken 
from your town by George the Third's men. I trust that when 
once deposited in their ancient home again no sacrilegious hand 
will ever be found to remove them, or that in the sad event of a 
war with any foreign power, at a future time, the good town of 
New Castle will be ready and able to protect itself and its prop- 
erty from the hands of the spoiler. 

Captain Bokenham is unwilling to receive any compensation for 
the book, being only too glad of the opportunity (which he has 
never before had) of restoring it to its legitimate owners, and 
hopes it will be received as a token of good will from Old to New 
England. Yours truly, 

* * * H. Starr. 

The precious little volumes were received at New Castle, via 
Cunard steamer and Adams Express, almost simultaneously with 
the above letter, and restored to the archives of the town, where 
they fill a niche all the more important from the fact that the ear- 
liest volume of Portsmouth's records, the adjoining town, is miss- 
ing, being supposed to have been designedly burned by our 
people at the time Massachusetts assumed control of this prov- 
ince. 

The New Hampshire Historical Society, at their next meeting 
after this restoration, by vote invited Mr. John Albee of New 
Castle, a well known literary gentleman, to prepare a paper upon 
these early records, to be read at the winter meeting of the 
society in Concord, which duty he fulfilled to the best acceptance 
and high approval of all ; and by his kind permission the paper 
is herewith printed in full : 

NEW CASTLE RECORDS REVIEWED BY JOHN ALBEE. 

I have neither the taste nor the training requisite for historical 
or antiquarian research ; but the accident of my situation has 
made me familiar with some fragments of early local history, and 
in some measure made it incumbent upon me to assist in their 
preservation. I could couch my apology for appearing before 



i 



416 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



this learned society almost in the very words of that most diligent 
of English antiquaries, John Aubrey: "This searching after an- 
tiquities is a wearisome task. Though of all studies I take the 
least delight in this, yet methinks I am carried on with a kind of 
oestrum, for nobody else hereabout hardly cares for it, but rather 
makes a scorn of it. But methinks it shows a kind of gratitude 
and good nature to review the memories and memorials of the 
pious, long since dead and gone." So he wrote after a lifetime 
spent in the hunt after remote histories and traditions and the still 
more unknowable things of early chemistry, mineralogy, and as- 
trology. 

The importance of the early records of which you have invited 
me to give a sketch is not, I venture to say, very great. They are 
curious and entertaining ; but, after several readings, I am struck 
with the feeling that, after all. we do not get very near the actual 
life of the people who lived in New Castle from 1693 to 1724 
Perhaps no official records could be expected to give this, yet we 
always hope to come upon something that may restore for us the 
dead past. Certainly the picture is not very complete, when we 
have only an outline of what was done by a body of men met 
together for formal deliberation. I would the town clerks of for- 
mer generations had kept their records with a more loving and 
freer hand, and put down all that was said and done. A town 
clerk, in my opinion, should be either a bit of a poet, with an eye 
for seeing the really enduring and permanently interesting in his 
day and place, or the most minute chronicler — the antiquary, his- 
torian, biographer, and reporter of his own neighborhood. 

It is not impossible, however, that in these records may be mat- 
ter of more consequence than appears to one who is only on the 
lookout for the picturesque and the romantic. You, gentlemen, 
may be able to see their bearing, illustration or corroboration of 
other early provincial history. New Castle was incorporated on 
the 30th of May, 1693, in the fifth year of William and Mary, 
and still exists and acts under their royal charter, having never 
received any other from the states. 

In the petition of the inhabitants for a town charter, the princi- 
pal consideration why it should be granted is the difficulty of at- 
tending church in Portsmouth. As they must necessarily go by 
water, it frequently happened that they were prevented by the 



EARLY RECORDS OF NEW CASTLE. 



417 



weather or the state of the water. They lament in consequence the 
growing habit in their community of a less and less strict observance 
of the Sabbath day, and its effects in the future, especially upon their 
children. Their prayer was granted, not, however, without oppo- 
sition on the part of Portsmouth. 

The only town officers for the first year were three selectmen, 
viz., John Clark, James Randel, and Francis Tucker, and one 
constable, John Leach. It is curious to note that the very first 
official action of the new town, no doubt quite proud of its fresh 
honor and careless of its cost, was in regard to raising money for 
the support of the Government. They took up the burden, from 
which for nearly 200 years they have never been relieved, but 
have been more and more weighed down. This town, permit me 
to say, has been sorely oppressed by its neighbors, by the state, 
and by the United States. The inhabitants were ordered to bring 
in an inventory of their estates on the 3rst of August, 1693, and 
a tax of ^25 9s was levied; ^£23 6s 8d for the province, "for 
repair of fortifications and reimbursing ye treasurer," and £1 14s 
id for the town's use. But already thus early, as appears by the 
town account immediately following, the expenditures exceeded 
the appropriation by 8s nd. The town actually spent £2 3s; 
but, perhaps, they did not count the cost of a pair of stocks, so 
necessary to the credit and security of their new dignity. In the first 
account the town is debtor to mending the meeting house windows 
10s; to a pair of slocks, £1 5s; to abatement of taxes, 8s. In 
1693, tne town spent £2 3s; in 1874, $4,700, with a population 
not very much larger. 

The first town meeting appears to have been held on the 20th 
of December, 1693, at ye meeting-house, its object being "to 
agree with a minister, and discourse other things necessary for the 
town's benefit." At this meeting were chosen to "discourse a 
minister " Robert Elliot, Esq., Captain Shadrach Walton, Mr. John 
Foss, and Mr. William Seavey, together with the selectmen. The 
minister whom they successfully discoursed was one Mr. Wood- 
bridge, who agreed to preach one year for ^60. 

The first regular annual town meeting, which was fixed by the 
charter to be held on the first Tuesday in March, the day which is 
still adhered to, was held March 6, 1694. Robert Elliott, Major 
Elias Stileman, and Mr. William Seavey were chosen selectmen. 



4i8 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



No town clerk was chosen. But at a subsequent meeting in August 
of the same year, Theo. Atkinson was chosen town clerk, and I 
presume that a larger part of the first volume of records is in his 
handwriting. At the same meeting which elected Theo. Atkinson 
town clerk, a vote was passed ordering a gallery to be made at the 
lattermost end of the meeting-house, for the women to sit in. It 
was also ordered that " one householder or more walk, every Sab- 
bath day in sermon time, with the constable, to every public house 
in the town, to suppress ill orders, and if they think convenient, 
to private houses also." The same order was made for the night 
time, the constable to take four men from the night watch, and 
visit all public places and private houses if necessary. By this or- 
der it would appear that a regular night watch was the custom of 
the place. 

At the same meeting a very curious order was polled, that no 
person should entertain a stranger above fourteen days before giv- 
ing notice thereof to the selectmen, under penalty of a fine, the 
amount of which I cannot state, as it is partially obliterated from 
the page. Then comes an order, which is a very good early 
model of a modern Maine liquor law. I give it entire : " Then 
ordered, for the prevention of charge coming on this town by 
some certain noted common drunkards, that the names of such 
persons be given by the selectmen to every publick house in this 
town in a paper, and a fine to be inflicted on whomsoever shall 
sell any drink to persons so noted and named." 

I have copied somewhat fully the record of this meeting, 
because it appears to have been important in several respects. 
First, they appear to have seen the necessity of recording 
their doings, and to have shown a great deal of sense in choosing 
such a man as Theo. Atkinson for town clerk ; second, in regu- 
lating the seating of the church ; and third and most important, 
in establishing certain rules for regulating their domestic concerns. 
In short, they undertook to govern themselves by laws of their 
own making. How far these correspond with those of other 
towns and places at the same period, you know, gentlemen, much 
better than I. 

At the next town meeting in October, same year, the town 
chose its first Assemblymen, Thomas Cobbett and James Randel. 
Assemblymen, I find by the town accounts, were paid three dol- 



EARLY RECORDS OF NEW CASTLE. 



419 



lars per day, and I should judge from their accounts that the As- 
sembly were usually in session about two weeks. Thus early New 
Hampshire seems to have made short work of its legislative busi- 
ness, though the legislators were paid more handsomely then than 
now. 

At this time the advice of Rev. Mr. Woodbridge, whose year 
of ministration was expired, was asked with reference to a new 
minister. He recommended either Mr. Bradstreet, Mr. Audley, or 
Mr. Curhen. 

The second annual town meeting was held on the 5th of March, 
1695. At. this meeting they increased their list of town officers 
by the addition of surveyors of highways, commissioner or justice 
of the peace, cullers of staves, and packers of mackerel, meats, 
etc. In May a meeting was called to choose assemblymen, and 
Captain Elias Stileman and Mr. James Randel were selected. It 
seems to have been generally the custom to choose assemblymen 
at a special meeting called for that particular purpose, though 
other business was' sometimes transacted. 

The second town account contains no province rates, and the 
town expenses had swelled to the sum of ^22 6s 3d. Most of 
the items are for repairs on the meeting-house. The gallery built 
for the women, to which reference has been made, cost ^3, and 
is contained in this account. Boards cost the town at the rate of 
fifty shillings per thousand. There is an item which reads, " To 
Captain Stileman, for paper for ye towns book, three shillings," — 
which is probably the very book long lost and recently restored, 
which I now hold in my hand. Another item reads, " To 1 pair of 
esses, to hang ye meeting-house door." And here comes in the 
expense of procuring, or else for the parchment and the copying 
the town charter, ^3 15s. This was its first cost ; you will remem- 
ber that by the conditions of the charter, which I have brought with 
me for your inspection, they were to pay annually " owne pepper- 
corn." 

The most important event in town affairs for 1695 was the call- 
ing and settlement of Rev. Samuel Moody. I imagine from the 
language of a vote passed in a town meeting October 29, 1694 — 
" Then ordered that ye town shall choose and call a minister 
themselves," — that they had been heretofore in some way either 
dependent on others for supplying to them their spiritual food, or 

VOL. IX. 29 



420 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



had hired for a longer or shorter time such ministers as could be 
obtained without making a regular settlement. But the dignity 
of an incorporated town, and no doubt some incipient jealousy 
of Strawberry Bank, the growing rival of New Castle, demanded a 
settled ministry. I have no doubt, from the various meetings 
called on this subject, and the stately formality and precision of 
the orders passed, that they felt that they were entering upon a 
very important event. A committee had been appointed as usual 
to "discourse " Mr. Moody. A special meeting was called to hear 
their report. In substance it was that they had agreed with him 
for seventy pounds (in money) per year; he finding himself 
housing and all other conveniences on his own charge. This 
report is signed by Robert Elliot, Eh'as Stileman and Shadrach 
Walton. It was ratified by the meeting in the following form : 
" Read the above return at this general town meeting and put it 
to vote ; it is consented unto and agreed upon that accd. to ye 
above agreement made by Mr. Rob. Elliot, Maj. Elias Stileman & 
Capt. Shadrach Walton, the town will pay Mr.' Sam. Moody sev- 
enty pounds for each year he stayeth here settled minister, and 
that his answer is satisfactory to the town and is settled minister 
for this town during his abode here in the ministry." What pains 
this vote must have cost the writer or the mover ! But it is not to 
be compared with the trouble I have had in deciphering it, for it is 
not in the neat and legible hand of Theo. Atkinson, but in the 
Gothic character — the handwriting of Francis Tucker. The idea 
of a settled ministry overflows in it. Mr. Sam. Moody was a 
son of Joshua Moody, and subsequently better known as a re- 
nowned colonel and Indian fighter. 

I have said that no province rate is contained in the second 
town account; but on the 8th Sept. 1695, an order came from 
George fanrey, treasurer of the province, for the making of a 
rate of ^35 16s 3d, and it appears in the third account among 
the expenses of the town. I would just mention, in passing, that 
the house of the above-mentioned George Jaffrey is still standing 
in New Castle, and is now occupied by the writer. 

The province rates appear to have been laid at no regular fixed 
times, but as convenience required. 

The General Assembly for this year — 1695 — was ne ^ at ^ ew 
Castle as appears by the records. 



!■ 



EARLY RECORDS OF NEW CASTLE. 



421 



At a meeting on the 16th December two assessors were chosen, 
being the first mention of such officers in these records. About 
this time sundry orders are passed in regard to seating the meeting- 
house, and severe penalties are inflicted upon such as do not 
comply with the orders of those having the matter in charge. 
The church was far from feeing democratic, and had its high seats 
and low seats, besides galleries, which gave rise, no doubt, to many 
jealousies and heartburnings. 

The town account for this year is the third and last contained in 
these records. Thereafter they were probably kept in a separate 
book or leaves. The whole account foots up^"n8 6s9d — still 
increasing, you perceive, at a fearful rate, and destined to still 
more rapid acceleration. The account is made up first of the 
province rate, ^35 16s 3d; the minister's salary, ,£70; and 
items mostly for the meeting-house as usual, as for instance, Good- 
wife Head, cleaning it, £1 5s ; ringing ye bell, 15s. 

At the end of this account is a receipt from Mr. Sam. Moody 
for ^70, his salary from Dec. 16, 1694, to Dec. 16, 1695, m ms 
handwriting and his autograph. 

We come now to the year 1696, and the first entry for this 
year contains the most important piece of information I have 
found in these records. The treasurer of the province ordered a 
list or inventory of the heads and ratable estates, real and per- 
sonal, in the town to be taken. The ratable estates returned 
amounted to ^1115 tis, and the heads ratable 108. Thus giving 
us a population in 1696 of between 500 and 600; one hundred 
less than the present population. It gives us a rate, as by the 
last list of expenses for 1695, of 9 1-2 per cent. 

The prescrept for the annual meeting of 1696 I shall read you 
in full, as it is in the best style of these records : " These are to 
give notice to the Freeholders and inhabitants of this town that 
they are to meet at the Meeting-house at eight of the clock in ye 
morning, on Tuesday come sevennight, it being the first Tuesday 
in M'ch for to choose constables, selectmen and other officers for 
this town ace'd to a charter granted by the Right Hon. John 
Usher, Esq., Lieut. Gov. & Comm. in Chief of this Province." 

I may notice in passing the importance of the office of consta- 
ble, at that period. Their names always take precedence of the 



422 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



other town officials. They were the executive function of the 
town. 

At this meeting all past town-clerks were voted twenty shillings 
per year for their services, and in future forty shillings. At about 
this time the selectmen began to hold meetings at private houses 
on a fixed day in each month, for the purpose of attending to 
any business which might be brought before them by the inhabit- 
ants. The following is a sample of the sort of business transacted 
at their monthly meetings : "The selectmen met at the house of 
Mrs. Hannah Purmort, and Majorie Roe being complained of for 
her not taking care to maintain herself, was sent for before the 
selectmen and she was then ordered by the selectmen to put her- 
self upon some honest employment whereby to maintain herself 
within one month's time, or she should be sent unto ye town 
whence she came." 

At a meeting of June 12, same year, it was ordered " That any 
person that lives in any dwelling-house in this town shall provide 
to the said house a good ladder ; it shall reach to the top of the 
said house. 

Also ordered : " That whoever letts their chimney take fire that 
it flames out ye top, unless iu the time of snow or rain, and then 
set on fire on purpose, shall pay the sum of ten shillings for each 
default. 

Also ordered : " That no ram be let run on the commons from 
June 20th until November 1st, on penalty of the loss of the ram, 
the ram to be killed and divided, one-half for the use of the poor 
and one-half to the informer." 

I find by these records that the whole amount of the province 
rate for 1697 was ^650, and that the proportion of New Castle 
was ^79 12s 6d, or about one-eighth. Also, that now for a series 
of years Theo. Atkinson was regularly chosen one of the assem- 
blymen, besides holding town offices, and in 1698 his handwriting 
again appears in the records, and extends through a large part of 
the first volume. 

In 1699 six acres of land were laid out for the use of the min- 
istry. This piece of land, known still as the parsonage lot, 
remained until quite recently in the possession of the town. 

In 1700 a very admirable law was passed by the town to the 
effect, " That whereas sundry persons fit and qualified to serve 



EARLY RECORDS OF NEW CASTLE. 



423 



the town in sundry offices, doth refuse to serve, and no penalty 
yet provided against such : voted that whatsoever person shall 
refuse to serve in a place, being legally chosen, shall pay 10s for 
each such refusal or neglect." The substance of this law is re- 
enacted several times in the course of the years covered by these 
records. It certainly is one of the wisest provisions of a free 
government that men fit and qualified to conduct its affairs should 
be chosen for its officers, and our fathers recognized it as a high 
duty not to be lightly evaded. 

In 1703 Mr. Moody, the minister who was settled, as has been 
stated, in December, 1694, and who appears to have remained all 
through these nine years, began to complain of arrears in his 
salary. Seventy pounds in money had been promised him, you 
will recollect. But now the town voted they would pay his debt 
in mcney, and continue him at his old salary, but not be obliged 
to pay him all money, but part money and part provisions. As, 
for various years preceding, several attempts had been made to 
adjust the town accounts, and cancel old debts, I conclude the 
town was spending more money than it could afford, and that they 
could with difficulty collect the taxes they apportioned. Consta- 
bles were delinquent, and had to be summarily dealt with, until 
the office went begging ; fines were imposed, and often paid, 
rather than serve in that office, for I have no doubt it is to that 
office the order mainly refers passed March 26, 1700, and which 
I have already quoted. 

Mr. Moody made his complaint January, 1703. At the annual 
meeting in March a vote was passed that whatever minister shall 
preach during this year shall receive each Sunday 20s, from which 
I infer that 'Mr. Moody had left or was about to leave the church. 
At any rate, on the 24th May, same year, Rev. John Emerson was 
invited to settle in the town, at a salary of ^65 and the contribu- 
tions of strangers ; and they also voted that when they were able 
they would contribute to the building a minister's house. This 
business was put off from time to time, and was the source of 
much contention between the minister and the town. Rev. John 
Emerson was a noted divine, and it might be interesting to sketch 
his connection with the parish and town of New Castle ; but it 
seemed to me best to confine myself strictly to the subject matter 
of these records, and I shall therefore only refer to his history so 



424 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



far as contained in them. He was settled in New Castle from 
1703 to I7ii-'i2. During this period he visited England, and 
attracted attention on account of his handsome face. I am 
under the impression that it was during his visit to England that 
Queen Anne, who is said to have fallen in love with the fascinating 
parson, gave to his church massive and heavy silver tankards for 
the communion service. Sorry am I to tell you that twenty-five 
years ago these tankards, being considered too old-fashioned, 
were melted over into something sufficiently ungraceful never to 
be mistaken for anything other than modern. A new meeting- 
house was built during his ministry. The first one was in the vi- 
cinity of Fort William and Mary, or as now called Fort Constitu- 
tion. The second was nearly on the site of the present, but 
stood farther into the street. It is impossible to fix the exact date 
when the new meeting-house, the second, was begun or finished ; 
and there is a very singular omission in these records, generally so 
full on all matters connected with the church, of any vote order- 
ing the construction of a new house of worship 

The first reference to it is at the annual March meeting in the 
year 1704, where it was " voted that Mr. Theo. Atkinson be em- 
ployed in getting the meeting-house now framed, or near framed, 
raised, enclosed, floored, with the pulpit and doors, and glazed, 
shingled, and clapboarded." In 1705 a committee of nine was 
appointed for laying out the pews and seats in the meeting-house. 
And August 22, 1706, is the only other allusion, which, however, 
shows that the new was built and in use and the old one torn 
down. " Voted, that Mr. Joseph Simpson lay out 50s in glazing 
ye new meeting-house, being so much money due to ye town 
from said Simpson for ye frame of ye old meeting-house and 
what boards was to it." Thus we learn the price of a worn-out 
church in olden times, 50s ! 

There is nothing else of interest during the time of Mr. Emer- 
son's service in the New Castle church, except the repeated 
promise, as often broken, of the town to build a parsonage house. 
Mr. Emerson often called the town together to remind them of 
their promise. Once, these records state, that when the inhabit- 
ants in town meeting assembled were called upon " to speak their 
minds thereabout," " they generally plead poverty and many not 
willing." But oftener they voted to proceed about it and build it 



EARLY RECORDS OF NEW CASTLE. 



425 



immediately, or else buy a house already built. At last, in 
August, 1 710, Mr. Emerson, finding his house too inconvenient 
and his salary too small to pay the rent, called the town together 
once more. Various proposals were made ; all ending, however, in 
postponement of the matter as usual. So that in the following 
month Mr. Emerson called the people together again, and informed 
them that not finding the " ayre " of this town agreeing with " his 
thin constitution," he thinks it absolutely necessary for him to 
move farther from the sea. As he moved no farther from the sea 
than Portsmouth, where he remained for twenty-two years, and 
died at a ripe age, we may conclude that something else than the 
salt air of New Castle was unfavorable to his peculiar constitution. 

I find very little of importance to note in the civil affairs of the 
town for the period of Mr. Emerson's ministry, ending in iyio-'n. 
New Castle at this time included a large part of what is now the 
territory of Rye, separated by a body of water called sometimes 
Little Harbor River, but oftener Little Harbor. The territory on 
the south side of this water, or, as now called, the Rye side, was 
formerly called, and is often alluded to in the records as Little 
Harbor side, or sometimes Sandy Beach, now known as Wall is 
Sands. The population on that side must have been at this 
period small and much scattered. It is still the characteristic of 
the town of Rye. It is one of those towns whose centre is no- 
where in particular. Mason Hall, with its magnificent designs 
and visions, did not call into being any town or village about it. 
But there must have been a small population in its neighborhood, 
for I find continual contentions about the ferry across Little 
Harbor. The people claimed free ferriage on Sundays, training 
days, and holidays. One year, Robert Elliot, to appease the peo- 
ple, offered to pay the ferryman's charges. At another time the 
ferryman was by special act of the General Assembly exempted 
from his rates and excise on selling liquor, from which it would 
appear he kept a dram shop. 

It appears that in 1705 the population on the Rye side had 
become of importance enough to share in the town offices, and 
for the above year Nicholas Hodge is chosen constable for Sandy 
Beach. 

The town authorities seem to have been beset at about this 
period with troubles arising out of land grants and trespasses cora- 



\ 



426 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



mitted upon the common land. But this excites no wonder 
when we read the description of the numerous grants of land 
contained on the obverse leaves of these two volumes of records. 
Bounds by rock and stone, tree and bush and path must have been 
too vague to be identified for any length of time. And the saving 
clause of such grants — unless the aforesaid encroaches on any other 
man's grant — shows the uncertainty even then of their allotments. 
At length, in 1708, a commission was chosen to run the town 
lands ; and they voted to sustain the town authorities in any 
action against trespassers, and also that the commons should be 
divided among the citizens according to their rates for that year. 

I notice here, what is common all through these records, and 
i?, I believe, continued to the present day in our town meetings, 
the appointment of committees to call selectmen and constables 
to an account for the way in which they have spent the town's 
money. I am quite certain that no year passes in New Castle, in 
modern times, without the appointment- of an investigating com- 
mittee for some purpose or other. The writer has himself been 
the subject of one. There is sometimes the greatest indifference 
to public affairs, and sometimes the greatest excitement and the 
strongest partisan zeal. In either case, unworthy men find a tide 
which serves them. 

In this same year of 1 708 the price of pews in the meeting 
house was fixed at £7. For the time one would say a very con- 
siderable rent to pay for a pew. But we must remember that 
there were but few pews ; most of the people were seated on 
forms, said to be good for keeping the back straight and faith 
strict. 

In seventeen years after the incorporation of the town, viz., 
1 710, the expenses of the town were ^144 18s 6d., or nearly 
six times the amount of the first year. 

I return now to the close of Mr. Emerson's ministry. At the 
same meeting which received his resignation, it was voted that an 
application be made to the president of the college [Harvard 
College] to procure a minister suitable for the place. A letter 
was received from the president recommending John Tuck. He 
was not, however, the successful candidate, but Rev. William 
Shurtleff was settled. 



EARLY RECORDS OF NEW CASTLE. 



427 



It was " voted that Mr. Shurtleff should have ^65 a year for 
his annual salary during ye time he lives single ; but when his 
family increases by marriage he shall have £80 per year." Not- 
withstanding this ample premium on marriage, and which or 
some other more noble incentive induced the young minister 
to increase his family by the addition of the sister of Theodore 
Atkinson, there is ground for believing he regretted his days of 
single blessedness and £65. For after this increase in his family 
he found it sometimes difficult to get to chureh at sermon time, 
by reason of being locked into his study ; and his fish is said to 
have been peppered with snuff on one occasion ; and in general 
he could not have failed of that immortal knowledge which 
Goethe says they only gain who eat their bread in tears. He is 
represented as a much suffering, but patient and sufficiently meek, 
perhaps too lenient, man. 

It seems the sum of $80 per year was not assented to by every- 
body, for the protest of six men is entered in due form. A house 
was at last purchased for the minister's use, at an expense of ^90. 
I find this in a partial town account for 1712. 

At the annual meeting in March, 1713, the selectmen were 
instructed to search Portsmouth records and take out what papers 
belong to New Castle. 

For 1 713 the poor rate was ^131 633d. This is just about 
equal, calling money of the same value now as then, to our pres- 
ent state and county tax. It seems enormous, considering the 
probable wealth of the town at that time, and I do not under- 
stand how it was ever collected. 

In the next year it was voted to instruct the selectmen to pro- 
ceed by law against all debtors to the town, and to expend the 
money so collected in making an addition of twenty feet square to 
the minister's house and in making a " handsome fence about the 
garden and yard." This year many abatements of taxes are 
made ; among others, Tobias Lear is abated six shillings. Little 
Harbor side has become of importance enough to have one select- 
man, and the tax list is now divided into two portions, one for 
Great Island side and one for Little Harbor side, but the amount of 
each is unfortunately omitted. 

Sampson Sheafe is now for a series of years, with few inter- 
ruptions, town-clerk. At this period I notice the beginning of a 



\ 



428 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



more modern phraseology. The is written instead of ye. The 
General Assembly is sometimes called General Court, and the 
phrase to represent this town begins to be used. The hand- 
writing is excellent and the spelling correct. Sept. 17, 171 7, the 
town voted that James Rendle, William Seavev, and Theo. Atkin- 
son join with the assemblymen of this town to let out their divi- 
dend 01 proportion of the ^"15,000 made by act of Assembly for 
a medium of trade. 

Of this sum, whatever it may have been, ^100 was appropriated 
for finishing the meeting-house, and ^200 for building a bridge 
across Little Harbor, on the site of the new bridge recently com- 
pleted. This last appropriation was rescinded in 1720. 

At a general town meeting held March 1, 1720, it was voted 
" that Mr. Shurtleff have ,£20 per annum added to his salary to 
make up the sum of £100 per annum, & so de anno in annum 
during his life." Eight citizens publicly dissented from the in- 
crease in Mr. ShurtlerT's salary. 

I am not able to state when Theo. Atkinson died, but it must 
have been between March 3, 1719, and June 11, 1720; for at 
the former date Theo. Atkinson, Jr., who graduated at Harvard 
University in 1718, was chosen town-clerk, and on the last date 
Daniel Greenough, apparently a very prominent man, was chosen 
by the town to answer the complaint of Mary and Theo. Atkinson, 
executors of the estate of Theo. Atkinson, Esq., deceased. In 
the twenty-seven years during which Theo. Atkinson had held 
office in the town (for there is seldom a year in which he is 
not either clerk, selectman or assemblyman), I suppose there 
must have grown up a long account, and his heirs made a claim 
against the town for services rendered and money advanced. In 
reference to this dispute it was voted that Daniel Greenough 
should still be continued to represent the town in the affair of 
Mr. Atkinson, and that he is fully empowered to stand it out in 
law, or to agree either with himself or by choosing arbitrators, as 
he shall think fit, and the town will comply with the event. 
The issue of it was that the claim of Theo Atkinson's executors 
and heirs appears to have been substantiated, for in March, 1722, 
I find this vote recorded : 

" That the selectmen be a committee to receive all the money 
which is yet behind of the pews ; accordingly to sue for and 



EARLY RECORDS OF NEW CASTLE. 



429 



recover the same and to pay to Mr. Atkinson the same towards 
his debt, and what is wanting of his claim which is agreed upon, 
being ,£114 10s, the selectmen shall have power to raise the same 
in the town by the 10th of May next, aad to receive all other 
money due the town." 

But the pew rents do not appear to have been forthcoming, for 
not long after they appropriated an unexpended balance, ^87, ail 
that seems to have been left out of ^£200 devoted to the aban- 
doned scheme of a bridge over Little Harbor, towards liquidating 
the Atkinson debt. 

It is not until the year i720-'2i that any entry appears in the 
records of the annual meetings of the election of tythingmen > 
In that year Jacob Clark and Tobias Lear were chosen to that 
office. 

I could wish there were more information in regard to schools. 
There were educated men here — more, indeed, than at present, 
or for a long time past. Theo. Atkinson sent his son Theo. to 
Cambridge. There was always a Sheafe in college in those days, 
and from my own house, George Jaffrey sent his son, George, to 
graduate in 1702. Since the last George Jaffrey went from 
Harvard College, 1736, I doubt if there has been another grad- 
uate from the town of New Castle. The day of her importance 
passed away with the decay or removal of her old families. Few, 
almost none of the graduates of college from the province of 
New Hampshire entered the ministry. They generally devoted 
themselves to public business The first office that Theo. Atkin- 
son, the second and most prominent of that name, ever held was 
town-clerk of New Castle. Religion was in the hands, and might 
almost be said to be the prerogative, of the Puritans of Massa- 
chusetts Bay. But Puritanism seems never to have taken any 
deep hold of this colony ; nor was witchcraft at all successful. 
" Lithobolia, or the Stone-throwing Devil of New Castle," a very 
early pamphlet of one R. C, supposed to be Richard Chamber- 
lain (secretary of the province under Andros), is written in the 
modern spirit of a curious narrative, hints at no human agency, is 
contented with a devil pure and simple, and no one seems to have 
been offered up as a sacrifice on account of his manifestations. 

But though New Castle always had educated men, and often 
being the seat or residence of the governor, saw much of the 



\ 






43° 



NEW HAMPSHIRE HISTORICAL SOCIETY. 



learned and great of the day, it was not until 1723, that she pro- 
vided herself with a public schoolmaster. Before that I presume 
those children who went to school at all were sent to Portsmouth. 
For in the year 1710 there is this memorandum in the reeoids : 
"The town being indebted to the schoolmaster at Portsmouth 
and to the clerk of the quarter session for fees, being presented 
for want of a pound, John Card ordered to pay them their fees." 
In 1723, however, appears the first distinct reference to public 
schools. It was then declared that the selectmen are empowered 
to hire a schoolmaster for the year ensuing and to make a rate of 
£60, separate from any other town charge, for payment of the 
same ; and that the constable that shall collect the rate for the 
Island side pay the money gathered .on said list to the selectmen 
on the Island side ; and what money the constable on Sandy 
Beach side shall collect shall be delivered to the selectman that is 
or shall be chosen on that side, and to be for hiring a schoolmas- 
ter on that side as the inhabitants on that side shall think fit. 

The substance of this is that the jQ6o was to be expended for 
schools in New Castle proper and in her outlying territory, now 
Rye, in proportion to the tax list for the several places. It thus 
appears that one hundred and fifty years ago New Castle was pay- 
ing so large a sum as .£100 besides house rent to the minister, 
and devoting £60 to public schools. 

In this same year I notice for the first time a direct vote 
whereby money is appropriated for an ensuing year's town ex- 
penses. Hitherto it does not appear that any action was ever 
taken toward what is called in all modern town warrants " raising 
money." The selectmen were evidently free to make such a rate 
as would cover expenditures. The town never voted at its meet- 
ings how much money should be spent. It is probable this grew 
out of the fact that for a long period the tax assessed by the pro- 
vincial governor formed the bulk of the amount to be raised in 
the town. When notice came from the treasurer of the province 
of a rate to be made, the selectmen added a small sum for the use 
of the town, as we have seen in the first year, 1693, £23 6s for the 
province, £1 14s for the town. When the minister's salary came 
to be added, that was a sum fixed and counted upon. Besides, it 
was acted upon and settled in open town meeting, and thus was 
in the nature of an appropriation. But now as the town's ex- 



: 



r 

I 
i 

■ , 

i- 



EARLY RECORDS OF NEW CASTLE. 



43* 



penses grew and became more miscellaneous, the public officers 
perhaps began to be held more strictly accountable, I find the 
wise, and as I believe, sowewhat independent freeholders of New 
Castle declaring how much money shall be raised for the year 
1723. It was ^190, " exclusive of the schoolmaster's salary." 

On one of the last leaves of the second volume of records, 
with the date of 1726, there is an entry of a convention of a part 
of New Castle, at which a commissioner was chosen to oppose a 
petition of the inhabitants, or a part of them, of Sandy Beach. 
This I suspect — from the fact that Rye was incorporated April 30, 
1726 — was to oppose the granting a town charter to that portion 
of New Castle known as Sandy Beach, or sometimes Little Har- 
bor Side. 

In the same year an attempt was made to increase Mr. Shurt- 
lefTs salary by ^40. but it apparently failed. 

The record of the last town meeting contained in these volumes 
is of the date of March 1, 1725-26. It contains nothing of con- 
sequence except the election of officers, among which appear as 
usual the names of Sampson Sheafe and Theo. Atkinson. Rota- 
tion in office was evidently not the doctrine of that day. There is 
contained on an obverse side of a leaf in the first volume the 
doings of the town when Rev. John Blunt was called and settled 
as the minister of the town, dated 1731-32, and this concludes 
the ecclesiastical history of the town contained in these records. 
Blunt was followed by Robinson, Chase, Noble. The last named 
died in 1 792, since which, for eighty-two years, the church has had no 
settled minister. With the death of Rev. Oliver Noble, it is believed 
the connection between the town and the church ceased. The town 
appears to have held possession, and finally to have sold all prop- 
erty belonging to the church, except the church building. The 
parsonage house has disappeared, but the parsonage well still sup- 
plies the buckets of a small neighborhood, and on its curb, in a 
warm summer day, the village gossips still loiter and tell the latest 
tale. But though the church has been so long a time without a 
preacher regularly called and settled, it has not been without 
preaching ; and I ought not to omit to mention here the services 
of Rev. Lucius Alden, a member of this society, who for more 
than a quarter of a century has. without ostentation, noise or re- 
ward, scrupulously performed every pastoral duty toward the whole 



432 NEW HAMPSHFRF. HISTORICAL SOCIETY. 

people of New Castle. The fishermen gather and spend their 
Sundays on the wharves and rocks, instead of listening to Mr. 
Alden ; but he would find himself mistaken who should imagine 
on that account he could speak lightly of the parson in their pres- 
ence. While he has not neglected any of his self-imposed work. 
he has not omitted also to gather up every bit of local history and 
fast-fading tradition ; and I know of no man who has such a store 
of what I may call, in this presence, without reproach, old-fash- 
ioned furniture. 

As far as the civil history is concerned, the last named in these 
volumes is as stated above, March i, 1725-26. These volume? 
are full of land grants, to which I have paid liltle attention : as 
far as I have examined, they are of no general interest. But were 
I asked what the public of those days in New Castle were most 
interested in, I should say the division of the public lands. There 
are constant notices of action taken about them ; committees con- 
stantly appointed to apportion, re-divide, and re-adjust boundaries. 

There are also entries of births, deaths, and marriages, many of 
them of a date subsequent to 1725. There are family genealogies 
that look as if they were copied verbatim from family Bibles. 
There are also, lastly and finally, the entry of private marks for 
animals, by which to identify them, i give an example from the 
first volume : " Tobias Leer — his ear mark for stock, viz. : a top 
cutt in both ears and 2 slits in ye top of ye right ear." 

The town records of New Castle, from the close of the period 
covered by these volumes to about 1756, are missing. They were 
loaned, taken to England, and never were returned. From 1756 
to the present time they are complete. 

There is a school of philosophy which sees the whole in a part 
or a particle ; who make much o( unity and identity, and who 
profess to see the same power working through all things after the 
same methods. Likewise the physiolgist constructs from a single 
bone the whole skeleton. I suppose the student of history has 
even a further task ; he must not only put together the skeleton, 
joint upon joint, but must cloth it in flesh and reanimate it. But 
I do not feel sure I have brought to your observation any materi- 
als of intrinsic value for such a purpose, yet I may venture to 
remind you, as the records do themselves, that in the early history 
of this province Creat Island was of considerable consequence, 



EARLY RECORDS OF NEW CASTLE. 



433 



and that we are fortunate in being able to trace so fully its annals, 
and that an opportunity is now offered of preserving them from 
oblivion. 

The traditions, the habits and manners, customs and peculiar 
dialect of the people of New Castle are rapidly passing away. 
They have had, in the most marked degree, all the peculiarities 
belonging to people living on an island ; eastward of all thorough- 
fares and lines of travel, undisturbed by the so-called progress of 
the age, and following, until within a few years, the sea almost ex- 
clusively. 

And their seafaring has been not in the track of men, but of 
fish ; so that their lives when away have been still more remote, 
solitary, and" incommunicable than when at home. Thus their 
characteristics were strengthened into a type which even now per- 
petuates itself in their children. 

The world has quite recently found out these people, and is now 
rapidly obliterating, with its commonplace, their harmless oddities 
of custom and speech. I may be pardoned for saying that no- 
where in the world, where the earth and the ocean are neighbors, 
do I know so beautiful a situation as New Castle ; and, also, for a 
secret satisfaction, that the whole island is one immense ledge, 
and, consequently, pretty much out of the way of improvements. 
I could wish also, though I have the strongest affection for my 
fellow townsmen, that at some time — and it need not have been 
very far back — a generation of islanders could have been pre- 
served in spirits, for the delight of antiquaries and haters of change 
and innovation. 

With no disposition to set the world back or check its course, 
I cannot help thinking the new world is a little too new to be a 
comfortable abode for a certain class of men. We have good 
authority for saying that no house is fit to live in until it is three 
hundred years old ; and how much longer must a country be set- 
tled ! Our institutions are raw and experimental. There is too 
much land to be cleared and burnt. There is, in short, too 
much to be done here before one can begin to live and to think. 
Nor do I see, as vet, that our political freedom has given us any 
superiority over other people, except it may be physically. The 
scholar and the thinker, the poet and the artist need to be fur- 
nished with an atmosphere and surrounded with institutions and 



434 NEW HAMPSHIRE HISTORICAL SOCIETY. 

traditions friendly to their productive powers, or with an inheri- 
tance, a capital stock, a road opened and adorned with every- 
thing suggestive. Their political condition does not add, nor do 
I see how it can subtract much from their activity. With " Plato's 
Republic " in his hand, the thinking man is free enough anywhere. 
The theory of that work is the rule of the best, that is, of those 
who know best the art of governing ; on the same principle that 
we hire a carpenter to build a house and not a shoemaker. That is 
the theory of our republic. In fact, we are governed by chance. 
and the creatures of chance ; and hitherto it seems chance has 
been on our side. It is pleasant to escape for awhile from the 
inaptitude of our law- makers, and the rawness of much that meets 
us on every hand, into the liberties of the imagination ; it is even 
a pleasure to turn from history as it is being made, from the chaos 
in which we-can as yet discern no form or significance, and leisurely 
survey the fragmentary records of an obscure and forgotten vil- 
lage. Unimportant, as I doubt not they are, they help to make 
up a part ; and it is not without example, should they in future 
ages flower into something beyond our expectations. 

Note. The substance of this address has been embodied into 
Mr. Albee's History of New Castle. 



INDEX 

TO THE 

Genealogical and Biographical Sketches, 

PREPAKED BY THE LATE 

GOVERNOR WILLIAM PLUMER. 



These sketches, in manuscript, were presented to the New 
Hampshire Historical Society, by the descendants of Governor 
Plumer. 

The society has caused them to be bound in five volumes and 
carefully indexed. 

Names. 
Abbe, John, 1790, 
Abbot, Jacob, 1820, 
Abbot, Joel, 1826, 
Abbot, Priscilla, 1791, 
Abrams, Henry, 1804, 
Adams, Andrew, 1797, 
Adams, Hannah, 1831, 
Adams, Hugh, 1750, 



Adams, John, 1740, 
Adams, John, 1826, 
Adams, Joseph, 1784, 
Adams, Mary, 1803, 
Adams, Matthew, 1753, 
Adams, Nathaniel, 1829, 
Adams, Samuel, 1803, 
Adams, Sarah, 1826, 
Addington, Isaac, 1715, 
Addison, Alexander, 1807 
Adsit, Abigail K., 1824, 
Albright, Mary, 1809, 
Alden, John, 1687, 
Alden, John, 1821, 
Alexander, James, 1756. 
VOL. IX. 



Vol. Page. Names. Vol. Page. 

3 367 Alexander, Jerusha, 1831, 5 516 

5 233 Alexander, Mrs., 1834, 

5 376 Alexander, William, 178; 

3 455 Alford, John, 1761, 

4 298 Allen, Amasa, 1821, 
3 656 Allen, Ethan, 1789, 

5 519 Allen, James, 1755, 
2 239 Allen, James, 1808, 
2 169 Allen, Jennings, 1835, 

375 Allen, Moses, 1779, 

160 Allen, Samuel, 1705, 

265 Allen, William, 17S0, 



269 Allen. William Henry, 1813,4 



474 Allerton, Isaac, 1659, 

248 Allison Francis, 1777, 

369 Alston, Joseph, 1816, 

607 Ames, Fisher, 1808, 

411 Ames, Nathaniel, 1764, 

334 Ames, Sarah, 1840, 

492 Amos, John, 1758, 

1 439 Anawon, 1676, 

5 273 Anderson, Daniel, 1818, 

2 288 Anderson, Joseph, 1837, 



5 


539 


3 


146 


2 


345 


5 


269 


3 


343 


•_> 


283 


1 


457 


5 


548 


3 


34 


1 


551 


3 


71 


1 


615 


1 


184 


o 


565 


5 


125 


4 


473 


2 


367 


5 


621 


2 


313 


1 


327 


5 


183 


5 


602 



30 



43 6 



INDEX TO MANUSCRIPTS OF THE LATE 



Names. Vol. 

Andros, Sir Edmund, 1714, 1 
Ange, Francis, 1767, 2 

Annate, Van Curlear, 1795, 3 
Apling, Joanna, 1812, 4 

Appleton, Jesse, 1819 5 

Appleton, John, 1739, 2 

Appleton, Nathaniel, 1784, 3 
Appleton, Samuel, 1692, 
Appleton, Samuel, 1724, 
Archibald, John, 1808, 
Argal, Sir Samuel, 1634, 
Armstrong, John, 1795, 
Arnold, Benedict, 167S, 
Arnold, Benedict, 1801, 
Ashley, Edward, 1767 
Atgate, Matthew, 1818, 5 
Atherton, Humphrey, 1661, 1 
Atherton, Joshua, 1809, 4 
Atkinson, George, 1788, 3 
Atkinson, Theodore, 1719, 2 
Atkinson, Theodore, 1769, 2 
Atkinson, Theodore, 1779, 3 
Atkinson, Win. King, 1820,5 
Atlee, Samuel John, 1786, 3 
Atlee, Wm. Augustus, 3 

Attakullakulla, 1784, 3 

Atwood, James, 1812. 4 

Atwood, William, 1708, 1 
Atwood, William, 1810, 4 
Auchmuty, Robert, 1750, 2 
Austin, Benjamin, 1820, 5 
Avery, Benja., 1839, 5 

Avery, John, 1806, 4 

Avery, Lucretia, 1821, 5 

Avers, Hannah, 1776, 2 

Badger, Joseph, 1803, 4 

Badger, Joseph, 1S09, 4 
Bache, Benj. Franklin, 1798, 4 

Backus, Isaac, 1806, 4 

Bacon, John, 1820, 5 

Bacon, Margaret, 1S0S, 4 

Bacon, Nathaniel, 1617, 1 



Page. Names. 

599 Baird, Michael, 1812, 

400 Baker, Mrs., 1796, 

578 Baldwin, Abraham, 1807, 

596 Baldwin, Ebenezer, 1776, 

207 Baldwin, Jehiel, 1831, 

166 Baldwin Loammi, 1807, 

161 Ball William, Jr., 1813, 
477 Bangs, Eunice, 1816, 

70 Banister, John, 1698. 

473 Bannister, Mercy, 1819, 

77 Bannister, Ruth, 1827, 

598 Bard, John, 1799, 

358 Barefoote, Walter, 1689, 

192 Barker, Joseph, 1821, 

404 Barker, Joshua, 1800, 

182 Barlow, Joel, 1812, 

201 Barnard, John, 1770, 

484 Barnard, Mary, 1823, 

285 Bartine, John, 1815, 

33 Barnard, Thomas, 1776, 

423 Barnard, Thomas, 1814. 

17 Barnes, William, 1827, 

244 Barney, Joshua, 1818, 

221 Barney, Lewis, 1813, 

555 Barrel, .James, 1827, 

162 Barret, Starr, 1820, 
596 Bartlett, Joseph, 1827, 
567 Bartlett, Josiah, 1795, 
509 Bartlett, Josiah, 1838, 
243 Bartlett, Levi, 1828, 
235 Bartlett, Thomas, 1805, 
614 Barton, Thomas, 1780, 
337 Bartram, John, 1777, 
274 Bass, Edward, 1803, 
562 Batchelor, Stephen, 1660 ; 

Baugh, Dorethea, 1809, 

265 Baxter Samuel, 1804, 

483 Bayard, Jas. Ashton, 1815, 5 

22 Bayley, Annie, 1825, 

365 Bayley, Elizabeth, 1820, 

229 Bayley, John, 1826, 

453 Bayley, Matthew, 1789, 

334 Bayley, Mrs. 1800, 



Vol. 
4 


Page. 
594 


3 


616 


4 


397 


2 


545 


5 


516 


4 


400 


4 


614 


5 


101 


1 


512 


5 


205 


5 


421 


4 


49 


1 


447 


5 


275 


4 


169 


4 


580 


o 


434 


5 


304 


5 


45 


o 


547 


5 


32 


5 


421 


5 


170 


4 


626 


5 


434 


5 


262 


5 


422 


3 


578 


5 


608 


5 


437 


4 


324 


3 


72 


2 


566 


4 


247 


, 1 


195 


4 


492 


4 


302 


5, 5 


63 


5 


356 


5 


211 


5 


370 


3 


342 


4 


149 



GOVERNOR WILLIAM PLUMER. 



437 



Names. 
Bean, Mary, 1812, 


Vol. 
4 


Pasre. 

575 


Beatty, William, 1781, 


3 


101 


Bedee, Daniel, 1800, 


4 


151 


Bedford, dunning, 1797, 


3 


656 


Belcher. Jonathan, 1757, 


2 


296 


Belcher, Jonathan, 1776, 


2 


549 


Belknap, Hannah, 1779, 


2 


28 


Belknap, Jeremy, 1798, 


4 


2 


Belknap, Mrs. 1768, 2 
Bell, Betty, 1825, 5 
Bellomont, Richard Earl of, 1 
Bellamy, Joseph, 1790, 3 
Bellingham, Richard, 1672, 1 


419 
349 
525 
412 

285 


Bellows, Benjamin, 1777 


2 


564 


Bellows, Benjamin, 1802, 


4 


226 


Benezet, Anthony, 1784, 


3 


167 


Bennet, David, 1719, 


o 


37 


Bennett, Jacob, 1817, 


5 


129 


Benson, Egbert, 1833, 


5 


529 


Berkley, Alexander, 1825, 


5 


348 


Berkley, Amy, 1826, 
Berkley, George, 1753, 
Berkley Warborne, 1770, 
Berry, Thomas, 1750, 


5 
2 
o 
o 


372 

270 
431 
290 


Berkley, Sir William, 1677 


,1 


338 


Bernard, Sir Francis, 1779 


3 


28 


Bertrice, Jane, 1S07, 


4 


434 


Betts, Rachael, 1805, 


4 


328 


Beverly, Robert, 1686, 


1 


435 


Beverly, Robert, 1716, 


1 


611 


Bibbins, Arthur, 1686, 


3 


222 


Biddle, Edward, 1779, 


3 


37 


Biddle, Nicholas, 1778, 


3 


4 


Bigvlow, Rachel, 1800, 


4 


171 


Bigelow, Timothy, 1790, 


3 


448 


Bigelow, Timothy, 1821, 


5 


286 


Birdseye. Nathan, 1818, 


5 


177 


Bishop. James, 1691, 


1 


470 


Blackstone, William, 1675 


1 


301 


Blair, James, 1743, 


2 


186 


Blair, John, 1771, 


o 


477 


Blair, John. 1800, 


4 


170 


Blair, Samuel, 1751, 


2 


247 



Names. Vol. 

Blair, Samuel, 1818, 5 

Blake. Joseph, 1700, 1 

Blatichard, Jonathan, 1788, 3 
Blanchard. Joseph, 1758, 2 
Bland, Richard, 1778, 3 

Bland, Theodoric, 1790, 3 
Bleecker, Ann Eliza, 1783, 3 



Blodgett, Samuel, 1807, 
Bloomrleld, Joseph, 1823, 
Blount, William, 1800, 
Bollan, William, 1776, 
Bond, Phineas, 1773, 
Bond, Thomas, 1784, 
Booler, Wonder, 1819, 
Boone, Daniel, 1820, 
Booth, Adam,1798, 
Bostwick, David, 1763, 
Boudinot, Elias, 1821, 
Bourne, Richard, 1685, 
Bowdoin, James, 1790. 
Bowdoin, James, 1811, 
Boylston, Nicholas, 1771, 
Boylston, Thomas, 1798, 
Boylston, Thomas, 1828, 
Boylston, Ward Nicholas, 5 
Boylston, Zabdiel, 1766, 2 
Bracket, Joshua, 1802, 4 
Brackett, Anthony, 1689, 1 
Bradbury, Theophilus, 1803,4 
Bradford, William, 1657, 1 
Bradford, William, 1704, 1 
Bradford, William, 1752, 2 
Bradford, William, 1791, 3 
Bradford, William. 1795. 3 
Bradford, William, 180S, 4 
Bradstreet, John, 1774. 2 
Bradstreet, Simon, 1697. 1 
Bradstreet, Simon, 1741, 2 
Brainard, David, 1747, 2 
Brattle, Thomas, 1713, 1 
Brattle, Thomas, 1801, 4 
Brattle, William, 1717, 1 
Brattle William, 1776, 2 



Page. 
187 
520 
307 
307 

10 
423 
153 
413 
305 
168 
543 
501 
175 
204 
223 

22 
358 
288 
429 
369 
556* 
475 

22 
441 
438 
387 
234 
452 
280 
173 
549 
261 
47« 
599 
458 
510 
506 
177 
209 
594 
217 
615 
554 



43* 



INDEX TO MANUSCRIPTS OF THE LATE 



Names. 
Braxton, Carter, 1797, 
Brearley, David, 1790, 
Brenton, William, 1674, 
Brewster, William, 1644, 
Bridge, Thomas, 1715, 
Bridges, John, 1704. 
Bridges, Robert, 1056. 
Brooks, John, 1S25, 
Brown, Andrew, 1797. 
Brown, Arthur, 1773, 
Brown, Arthur, 1805, 
Brown, Francis, d. d , 1820, 5 
Brown, John, 1662, 
Brown, John, 1780, 
Brown, John, 1794, 
Brown, John, 1803, 
Brown, John, 1836, 
Brown. Joseph, 1785, 
Brown, Nicholas, 1791, 
Brown, Sarah, 1797, 
"Bryan, George, 1791, 
Buckminster, Joseph. 1S12, 4 
Bulkley, Edward, 1696. 
Bulkley, Gershom, 1713, 
Bulkley, John. 1731, 
Bulkley, John, 1756. 
Bulkley, Peter, 1659. 
Bulkley, Peter, 1688, 
Bull, Henry, 1693, 
Bull. William, 1755, 
Bull, William, 1791, 
Bullock, Archibald, 1777, 
Burnet, William, 1729. 
Burnet, William, 1791. 
Burr, Aaron, 1757, 
Burr, Aaron, 1836, 
Bum]], John, 1721. 
Burrii;gton, George, 1734, 
Burroughs, Gaorge. 1692, 
Burton, Bonaface, 1669, 
Buss, John 1736, 
Butler, Richard, 1791, 
Butler, Zebulon, 1795, 



Vol. 

3 


Page. 
658 


3 


451 


1 


297 


1 


109 


1 


607 


1 


549 


1 


1G8 


5 


35S 


3 


673 


2 


500 


4 


327 


0,5 


223 


1 


227 


3 


77 


3 


557 


4 


275 


5 


561 


3 


209 


3 


475 


3 


672 


3 


476 


2,4 


577 


1 


499 


1 


596 


•> 


121 


2 


290 


1 


183 


1 


443 


1 


479 


2 


283 


3 


468 


o 


572 





103 


3 


469 


o 


295 


5 


562 


2 


46 


o 


137 


1 


475 


1 


266 


o 


147 


3 


479 


3 


602 



Names. Vol. Page. 

Byfield. Nathaniel, 1733. 2 130 
Byles, Mather, 1788, 
Byles, Mather, 1814, 
Byrd, William, 1743, 
Bvrd, William, 1780, 



3 



Cadwalader, John, 17S6, 3 
Cadwalader, Thos., 1779, 3 
Caldwell, David, 1824, 5 
Calef, Robert, 1719, 2 

Calfe, John, 1808, 4 

Calhoun, Patrick, 1796, 3 
Callender, John, 1748, 2 
Calvert, Cecilius, 1676, 1 
Calvert, Charles, 1696, 1 

Calvert, Charts 1732, 2 
Calvert, Benedict L., 1732, 2 
Calvert, George, 1632, 1 

Calvert, Leonard, 1676, 1 
Campbell, Duncan, 1798, 4 
Campbell, Elizabeth, 1823,5 
Campbell, Laughlin, 1717, 2 
Campbell, Lord Wm, 1776, 2 
5 
1 
1 
5 
5 
5 
2 



317 
33 

187 
71 



Camson. John, 1824, 
Cauoiichet, 1676, 
Canonicus, 1647, 
Card, Benson, 1833. 
Carey, John, 1825, 
Carey, Lydia, 1825, 
Carey. Thomas, 1730, 
Carmichael, Priscilla, 1813, 4 
Carmichael, William, 1795, 3 
Carpenter, Samuel, 1714, 1 
Carpenter, Susannah, 1819, 5 
Carr, Dabney, 1773, 
Currier, Thomas, 1735. 
Carrington, Paul, 1818. 
Carroll. John, 1815, 
Carter, James, 1818, 
Carter, Nathaniel II., 1830, 5 
Carter, Robert, 1732, 2 

Carter, Robert, 1809, 4 

Carter, Sarah, 1825, 5 



216 
25 
338 
35 
449 
615 
219 
310 
499 
125 
126 
69 
329 
23 
300 
207 
552 
334 
315 
118 
531 
356 
356 
110 
626 
567 
602 
209 
502 
143 
170 
48 
177 
500 
126 
499 
355 



GOVERNOR WILLIAM PLUMER. 



439 



Names. 

Carteret, Philip, 1682, 
Cartwell, Demo, 1825. 
Carver, -John, 1621, 
Carver, Jonathan, 1780, 
Casey, Levi, 1807, 
Caswell, Richard, 1789, 
Catesby, Mark, 1749, 
Csesar, Rachel, 1799, 
Cilley, Bradbury, 1831, 
Cilley, Joseph, 1799, 
Chalkley, Thomas, 1741. 
Chalmers, Lionel, 1777, 
Chamberlain, Lucretia.l 812 
Chambers, Jack, 1S05 ; 
Chambers, John, 1765 
Chandler, John, 1743, 
Chandler, John, 17G3, 
Chandler, John, 1780, 
Chandler, Thomas B., 17 
Chapman, Mrs., 1790, 
Chase, Jere. Townley, 1828, 5 
Chauncey, Charles, 1672, 
Chauncy, Charles, 1787, 
Chauncy, Charles, 1809, 
Chauncy, Charles, 1S23, 
Cheeseman, Martha, 1S08 
Cheval, Abraham, 1790, 
Cheever, Ezekiel, 1708. 
Chew, Benjamin, 1810, 
Chew, Samuel, 1744, 
Childs, Rebecca, 1820, 
Christie. John, 1813. 
Chuli, Philip, 1813, 
Church, Benjamin, 1718. 
Church, Benjamin, 1777, 
Clagett, Clifton, 1829, 
Claggett, Wyseman, 1784, 
Claiborne, William, 1670, 
Claiborne, Win. Chas., 181/ 
Clapp, Thomas, 1767, 
Clark, Abraham, 1794, 
Clark, George, 1763, 
Clark, Geo. Rogers, 1817, 



Vol. 


Pa?e. 


1 


39S 


5 


368 


1 


33 


3 


53 


4 


421 


3 


336 


2 


234 


4 


36 


5 


516 


4 


32 





179 





573 


2,4 


594 


4 


303 


2 


379 


2 


189 


9 


359 


3 


79 


0,3 


411 


•■> 


425 


3, 5 


443 


1 


2S3 


3 


266 


4 


483 


5 


297 


, 4 


445 


3 


425 


1 


569 


4 


535 





191 


5 


222 


4 


626 


4 


604 


2 


1 


2 


574 


5 


459 


3 


159 


1 


272 


7,5 


156 


o 


400 


3 


553 


2 


359 


5 


152 



Names. 
Clark, Isaac, 1792, 
Clarke, John, 1676, 
Clarke, John, 1795, 
Clark, John, 1728, 
Clark, John limes, 1808, 
Clark, John, 1821, 
Clark, John, 1834, 
Clarkson, Andrew, 1733, 
Clayton, John, 1773, 
Clayton, Joshua, 1798, 
Cleveland, John, 1799, 
Cleves, George, 1666, 
Clifton, William, 1799, 
Clinton, Charles, 1773, 
Clinton, Charles, 1791. 
Clinton, George, 1812, 
Cobb, Ebenezer, 1801, 
Coddington, Win., 1678, 
Coffin, Nathaniel, 1766, 
Coffin, Nathaniel, J828, 
Coggshall, John, 1648, 
Cogswell, Thomas, 1810, 
Coit, Joshua, 1798, 
Colden, Cadwalader, 1776, 2 
Coleman, Rebeccah, 1770 
Collier, William, 1675, 
Collins, Comfort, 1816, 
Collins, John, 1795, 
Colman, Benjamin, 1747, 
Colman, William, 1770, 
Colman, William, 1S29, 
Colton, John, 1757. 
Cook, Elisha, 1715, 
Cook, Elisha, 1737, 
Cooke, Stephen, 1803, 
Cooper, Daniel, 1795, 
Cooper, Joseph, 1749, 
Cooper, Miles, 1785, 
Cooper, Samuel, 1783, 
Cooper, William, 1743, 
Cooper, William. 1809, 
Copeland, Lawrence, 1699, 1 
Cordley, Robert, 1820 



Vol. 


Page. 


3 


524 


1 


313 


4 


14 


o 


100 


4 


457 


5 


273 


5 


537 


o 


503 


2 


502 


4 


23 


4 


147 


1 


245 


4 


55 





503 


3 


485 


4 


588 


4 


220 


1 


361 


2 


394 


5 


372 


1 


125 


4 


539 


4 


24 


, 2 


556 


>, 2 


431 


1 


303 


5 


105 


3 


604 


o 


212 


2 


437 


5 


461 


2 


295 


1 


608 


2 


152 


4 


248 


3 


604 


2 


236 


3 


212 


3 


131 


2 


189 


4 


499 


>, 1 


516 


5 


223 



44© 



INDEX TO MANUSCRIPTS OF THE LATE 



Name!". Vol. 

Cornbury,Ed\v.L'd Vis.l 723.2 
Cosby. William, 1736. 2 

Cotton. John. 1652. 1 

Cotton. John. 1690. 1 

Cotton. John. 1757. 2 

Cotton. John. 1821. 5 

Cottrel.Chas.and \Vife.l76i,2 
Cox, Daniel. 1739. 2 

Craigue. Abigail. 1817, 5 

Crajie. Win. and Wife,1775,2 
Cranlieid. Edward, 1703. 1 
Crosby. Nathaniel, 1827. 5 
Cruise, Mrs., 1797. 3 

Cud worth, James. 1682. 1 
Culpepper, Thus. Lord. 1719.2 
Cuming, John. 1788. 3 

dishing. John, 170S. 1 

Cushing. John, 173S. 2 

Cushing. John, 1778. 3 

Cushing, John. 1823, 5 

Cushing, Theophilas. 1679. 1 
Cushing. Thomas. 17-16. 
Cushing. Thomas. 1788, 
Cushing, William. 1810 
Cutler. Manassah, 1823. 
Cutler. Timothy, 1765, 
Cutis. John, 1681, 



Daggett, Xapthali, 17S0, 3 
Dallas, Jas. Alexander. 1817,5 
4 
4 
5 
5 
5 
5 
4 
1 
4 



Dalton. 1801, 
Dalton. Samuel, 1807. 
Dalton, Tristram. 1817. 
Dame John, 1818, 
Dame. Mary, 1823, 
Dame. Meribah, 1838. 
Dame, Theophilus, 1 SO* >. 
Dana, Francis, 1811, 
Dana, Samuel, 1798, 
Daua,Sam'l Whittles*}-, 1830,5 
Dane, Nathan, 1835. 5 

Dane, William, 1825, 5 

Danforth, Samuel, 1674, 1 



Page. Names. Vol. 

58 Danforth, Samuel, 1727, 2 

149 Danforth, Samuel, 1777. 2 
145 Danforth, Samuel, 1827. 
516 Danforth, Thomas. 1699. 
295 Darling, Mehitabel. 1817, 

324 Daroy. Etienne. 1833. 
347 Darrow, Rev. Zadoc, 1827 
165 

158 Davenport, Abraham, 1789, 
531 Davenport, Addington. 
535 Davenport. James. 1797, 
421 Davenport. John. 1670, 
675 Davenport, John, 1731. 
3»9 Davidson. Mary. 1813. 

33 Davidson. William. 1781, 

325 Davis, Samuel. 1761, 

470 Davis,Wm. Rich'dson.1320. 

159 Davis. Daniel. 1808. 
11 Davis, Jacob, 1819. 

304 Davis, John. 1837, 

371 Davis, Mary, 1752, 

201 Davis, Mrs.. 1791. 

283 Davis, Peter, 1812. 

541 Davis, Robert, 1814. 

302 Davis, Sylvan us. 1703. 
379 Davis. Thomas. 1805. 
388 Davy, 1818. 

Day, John. 1826. 

57 Dayton, Elias, 1807. 

129 Dayton. Jonathan. 1824. 

215 Deane, Silas. 1789. 

416 Dean, Hannah, 1801. ' 

135 Dean, Rose, 1802. 

188 Dearborn. Henry, 1829, 

303 Deborah, 1816. 
610 Deborah. 1816, 

150 Deering, Joanna, 1826, 
566 Dehon, Theodore, 1817, 

11 Delaney, James, 1760. 

486 Dennie. William, 1771, 

548 Dennison, Daniel, 1682, 

356 Deolphs, Ezra, 1811, 

297 Deou, 1818. 



Page. 

85 
566 
427 
515 
135 
529 
433 
421 
342 
147 
657 
269 
121 
603 

90 
343 
235 
467 
205 
601 
261 
463 
594 

29 
541 
303 
186 
241 
400 
322 
355 
215 
223 
465 

96 
105 
413 
166 
337 
478 
397 
549 
182 



, 



GOVERNOR WILLIAM PLUMER. 



44 1 



Names. 


Vol. 


Page. 


Dexter, Samuel, 1810, 


4 


534 


Dexter, Samuel, 1816, 


5 


111 


Dexter, Timothy, 1806, 


4 


360 


Dick, 1838, 


5 


610 


Dickens, Sarah, 1779, 


3 


41 


Dickersou. Reuben, 1818, 


5 


188 


Dickinson, Jonathan, 1722, 2 


50 


Dickinson, Jonathan, 1747 


, 2 


208 


Dickinson, John, 1808, 


4 


437 


Dickson, Margaret, 1805, 


4 


313 


Dido, 1825, 


5 


358 


Diggs, Miss Esther, 1817, 


5 


165 


Dinah, 1804, 


4 


299 


Din well, John, 1689, 


1 


450 


Dinwiddie, Robert, 1770, 


2 


436 


Dobbs, Arthur, 1765, 


o 


379 


Doucett, Mrs. 1719. 


3 


354 


Dongan, Thomas, 1698, 


1 


512 


Douglass, William. 1752. 


2 


259 


Downing, George, 1684, 


1 


423 


Drake. Rebeccah, 1789. 


3 


354 


Drayton, William, 1790, 


3 


428 


Drayton. "Win. Henry. 1779 


,3 


41 


Drinker, Edward, 1782. 


3 


113 


Drummond, William, 1067 


.1 


257 


Duane, James, 1797. 


3 


675 


Duche, Jacob, 1798. 


4 


1 


Dudley, John, 1805, 


4 


321 


Dudley, Joseph, 1720. 


2 


39 


Dudley, Paul. 1751, 


2 


247 


Dudley, Samuel, 1683, 


1 


421 


Dudley, Samuel, 1775. 


2 


531 


Dudley Thomas. 1653, 


1 


149 


Dudley, William, 1743, 


2 


188 


Duer, William, 1799. 


4 


57 


Dulang Daniel, 1786, 


3 


225 


Dummer, Jeremiah, 1739. 


2 


161 


Dummer, Richard, 1679, 


1 


373 


Dummer, William, 1761, 


2 


375 


Dunbar, David, 1754, 


2 


279 


Dunkiu, William, 1805. 


4 


317 


Dunlary, Mrs., 1827, 


5 


421 


Dunster, Henry, 1659, 


1 


182 



Names. 
D wight, Joseph, 1765. 
Dwight, Timothy, 1777, 
Dwight, Timothy, 1817. 
Dye, 1813, 
Dyre, Samuel, 1788, 

Eager, Abigail, 1824, 
Early, Peter, 1817, 
Eastchurch, W., 1678. 
Easton, John, 1705, 
Easton, Nicholas, 1675, 
Easton, Vilette, 1838, 
Eaton, Abigail, 1823, 
Eaton, Joshua, 1772, 
Eaton, Theophilus, 1658, 
Eaton, William, 1811. 
Eddy, Joanna, 1839, 
Eden, Charles, 1722, 
Edmunds, Esther, 1823, 
Edwards, Hepzibah, 
Edwards, Jonathan, 1758. 
Edwards, Jonathan. 1801, 
Edwards, Pierpont, 1S25, 
Elbert, Samuel, 17S8, 
Elder, Elizabeth, 1816, 
Eldrington, Mary, 1764, 
Eliot, Andrew, 1798, 
Eliot, James, 1839, 
Eliot, Jared, 1763. 
Eliot, John, 1690, 
Eliot, John, 1813, 
Eliot, John, 1825. 
Eliot, John, 1829. 
Elliot, Samuel, 1820, 
Elithrop, Henry, 1790. 
Ellery, William, 1764. 
Eilery, William, 1820, 
Ellicott, Andrew, 1820, 
Elliot, Oliver, 1837, 
Elliot, Stephen, 1830. 
Ellis, Caleb, 1816, 
Ellis, Henry, 1797. 
Ellis, Jabez, 1831. 



Vol. Page. 
2 378 
2 579 
5 158 
4 631 



3 326 



317 
134 
358 
551 

1 301 
5 605 

297 
491 
177 
551 
620 
49 
299 
129 
314 
216 
369 
291 
105 
367 
3 1 
5 615 

2 355 
1 455 

625 
348 
461 
228 
372 
371 
254 
240 
601 
485 
124 
657 
509 



442 



INDEX TO MANUSCRIPTS OF THE LATE 



Names. 
Ellison. Elizabeth, 1820. 
Ellis, Priscilia, 1833, 
Ellsworth, Oliver, 1807, 
Ellsworth, Sarah, 1789, 
Elwell, Mehitable, 1835, 
Emerson, Catharine, 1801, 4 
Emerson, Hannah, 1S36, 
Emerson, William, 1811, 
Endeeott, John, 1665. 
Erving, William, 1791. 
Erving, Catharine, 1819. 
Estey. Esther, 1805. 
Enstis, William, 
Evans, Cadwalader. 1773 
Evans, Israel, 1806. 
Evans, James, 1S20. 
Evans, John, 1748. 
Evans, Lewis, 1756. 
Evans, Nathaniel, 1767, 
Evans, Richard, 1816. 
Eve, Adam, 1821, 
Everand, Sir Richard, 1733.: 
Exeter. 1827, 
Eyers, Mrs. 17-40, 

Fairfield, Ann, 1834, 
Faneuil, Peter, 1743, 
Fanning, Edmund, 1818. 
Farmer's Brother, 1815, 
Farnsworth, Ruth, 1815, 
Farley, Caleb, 1833, 
Farley, Michael, 178!). 
Farley, Robert. 1823, 
Farrand, Daniel, 1825 • 
Farrier, Robert, 1819, 
Fangeres, Margaretta V. 

1801, 
Faunce, Thomas, 1746, 
Fauquer, Francis. 1768, 
Febiger, Christian, 1796, 
Fellows, John, 1808, 
Fendall, Josias, 16S5, 
Fenner, Arthur, 1S05, 



"ol. 
5 


Page. 
241 


5 


529 


4 


401 


3 


342 


5 


553 


4 


222 


5 


596 


4 


569 


1 


241 


3 


469 


5 


217 


4 


327 


5 


351 


o 


500 


4 


416 


5 


243 


2 


219 


•_> 


2S9 


2 


399 


5 


102 


5 


2S5 


.2 


130 


5 


435 


o 


170 


5 


539 


2 


185 


5 


176 


5 


75 


5 


70 


5 


532 


3 


335 


5 


306 


5 


342 


5 


206 


4 


211 


o 


200 


2 


419 


3 


614 


4 


444 


1 


431 


4 


309 



Names. 
Fenton, Sarah, 1827, 
Fernald, Mary, 1817, 
Ferry, Rachel, 1810, 
Fielding, Parker, 1834. 
Finley, Samuel, 1766, 
Finley, William, 1821, 
Fisher, Mary, 1830, 
Fisher, Mrs., 1810, 
Fishpaw. John, 1824, 
Fiske, John, 1705, 
Fisk, Mary, 1S28, 
Fisk, Nathan, 1799, 
Fitch, Jabez, 1746, 
Fitch, Thomas, 1774, 
Fitzwilliam, Thomas, 1811,4 
Flagg, Ebenezer, 1796, 
Flagg, Grace, 1808, 
Flagg, John, 1793. 
Flint. Henry, 1760, 
Flint. Thomas, 1653, 
Flood, Andrew, 1821, 
Follow. John Peter, 1809 
Folsom, Nathaniel, 1790. 
Forbes, John, 1759, 
Ford, Susan, 1821, 
Foss, Hannah, 1818, 
Foss, Joshua, 1809. 
Foster, Abiel, 1806, 
Foster, Andrew, 1685, 
Foster, Dwight, 1823, 
Foster, Jedediah, 1779, 
Foster, Jonathan, 1821, 
Foot, Nathaniel, 1811, 
Fountleroy, Duke, 1836, 
Fowler, Mary, 1S29, 
Fox, Mary, 1824, 
Foxcroft, Thomas, 1769, 
Francisco, Henry, 1820, 
Frank, 1820, 

Franklin, Benjamin, 1790 
Franklin, William, 1813, 
Franklin, Wm. Temple, 1823,5 
Fredericks, Mary, 1831, 



Vol. J 


Page. 


5 


421 


5 


165 


4 


532 


5 


541 


2 


391 


5 


292 


5 


486 


4 


532 


5 


334 


3 


583 


5 


451 


4 


29 


o 


200 


2 


507 


1,4 


572 


3 


617 


4 


453 


3 


545 


o 


336 


1 


153 


5 


275 


, 4 


49s 


3 


367 


2 


325 


5 


2S6 


5 


182 


4 


492 


4 


348 


1 


432 


5 


306 


3 


25 


5 


274 


4 


549 


5 


596 


5 


476 


5 


317 


2 


424 


5 


221 


5 


222 


0, 3 


374 


4 


628 


23,5 


298 


5 


509 



GOVERNOR WILLIAM PLUMER. 



443 



Names. 
Freeman, Jouathan, 1808, 
French/Elizabeth, 1749, 
French, Peter, 1785, 
Fuller, Samuel, 1633, 
Fulton, Robert. 1815, 

Gage, Thomas. 1787. 
Gains, Geo., 1800, 
Gale, Benjamin, 1790, 
Galloway, Joseph, 1803, 
Garnet, John, 1830, 
Gannett, Deborah. 1827, 
Gano, Rev'd John, 1804, 
Garden, Alexander, 1756, 
Garden, Alexander, 1791, 
Garden, Alexander, 1791, 
Gardiner, Sylvester, 1786. 
Gardner, Constance, 1812, 
Gardner, Flora, 1828, 
Gardner, George, 1773, 
Gardner, Thomas. 1694, 
Gardner, Thomas, 1712. 
Gardner, Thomas, 1805, 
Gardner, Win., 1834, 
Garrot, Mary, 1828, 
Garrot, William, 1834. 
Garyan-wah-gah, 1836, 
Gatchell, Mary, 1819, 
Gates, Horatio, 1806, 
Gates, Sir Thomas. 1617, 
Gautier, Annie, 1819. 
Gay, Ebenezer, 1787, 
Gay, Lydia, 1837, 
Geer, Prudence, 1811, 
Geiifer, Melchoir, 1799, 
Gerry, Elbridge, 1814, 
Getman, Margaret, 1834, 
Gibbon, Edward, 1654. 
Gibson, George, 1791, 
Gibson, Hannah, 1821. 
Gifford, Joseph. 1810, 
Giles, Wm. Bowden, 1830 
Gill, Catharine, 1808. 



Vol. 


Page. 


4 


467 





234 


3 


183 


1 


73 


5 


77 


3 


. 256 


4 


490 


2 


411 


4 


261 


5 


494 


5 


433 


4 


287 


2 


287 


3 


466 


3 


486 


3 


218 


4 


596 


5 


413 


o 


499 


1 


484 


1 


587 


4 


317 


5 


539 


5 


419 


5 


539 


5 


596 


5 


209 


4 


337 


L 


13 


5 


302 


3 


271 


5 


602 


4 


551 


4 


32 


5 


8 


5 


541 


1 


158 


3 


470 


5 


274 


4 


532 


, 5 


491 


4 


453 



Names, 
(rill, Moses, 1800, 
Gilleland, Johu, 1817. 
Giliev. John, 1813. 



Vol. Page. 

4 171 

5 141 



Oilman, John Taylor, 1828, 5 

Gilman, Joseph, 1S06, 4 

Gilman, Nicholas, 1783, 3 

Gilman, Nicholas, 1814, 5 

Gilman, Peter, 1788, 3 

Gist Mordecai, 1792. 3 

Gitt, Magdelin, 1823, 5 
Gladsden, Christopher, 1805,4 

Glover, Anna, 1767, 2 

Gober. John, 1818, 5 

Goddard, John. 1829, 5 

Godfrey, Mrs., 1821, 5 

Godfrey, Thomas, 1749, 2 

Godfrey, Thomas, 1763, 2 

Goffe, Joseph, Esq.. 1820. 5 

Goffe, William, 1680, 1 
Goldsborough, Robert, 1788.3 

Goodrich, Hannah, 1820, 5 

Goodrich, Prudence, 1807. 4 

Gookin, Charles, 1730, 2 

Gookin, Daniel, 1687, 1 

Goolsby, William, 1818. 5 

Gordon, Patrick,1736. 2 

Gordon, William. 1802, 4 

Gordon, William, 1807 4 

Gore. Christopher, 1829. 5 
Gorges, Sir Ferdinando, 

1617, 1 

Gorham, Nathaniel, 1796, 3 

Gorton, Samuel, 1677, 1 
Gosnoid, Bartholomew, 1607.1 

Gouch. William. 1759. 2 

Gould, Daniel, 1788, 3 

Graham, John, 1820, 5 

Grayson, William. 1790, 3 
Greene, Christopher, 1781 , 3 

Greene, Nathaniel, 17S0. 3 

Green, Jacob, 1791, 3 

Green, John, 1799. 4 

Green, John. 1808, 4 



627 
449 
373 
145 
23 
291 
522 
303 
309 
404 
182 
471 
274 
232 
357 
223 
377 
321 
244 
421 
114 
439 
169 
148 
246 
432 
476 

120 
619 
346 
1 
324 
283 
249 
429 
102 
225 
406 
48 
456 



\ 



I , 



444 



INDEX TO MANUSCRIPTS OF THE LATE 



Names. 

Green, Joseph, 1780, 
Green. Samuel, 1702, 
Green, Ushant, 1797, 
Greenwood, Isaac. 1745. 
Gregson, Thomas, 
Gridiey, Jeremiah. 1767, 
Gridley, Richard, 1706. 
Griffin, Cyrus, 1810. 
Griffin, John, 1809. 
Grimes. Ab. 1798. 
Griswold, Matthew, 1799 
Griswold, Roger, 1812. 
Grubb, Emaimal, 1767, 
Gwinnet. Button. 1777. 

Hackett, Mrs., 1831, 
Haines, Chas. Glidden, 

1S25, 
Hale, Nathan, 1776, 
Hale, Samuel, 1807, 
Hale. Samuel. 1828. 
Hale, Amy, 1S2G, 
Hall, Lyman, 1700. 
Hall, Martin, 1706. 
Hamilton, Agnes, 1853, 
Hamilton. Andrew. 1703, 
Hamilton. Andrew. 1741, 
Hamilton, James, 
Hamilton, John, 1746, 
Hamilton, John. 1810, 
Hamilton, Mary, 182;). 
Hamilton, William, 1746. 
Hancock, John, 1703, 
Hancock. Thomas, 1764, 
Hanford, Mrs. 1730, 
Hanscomb, Job, 1777, 
Hanson, John. 1783. 
Harden berg. Jacobus R., 

1790, 
Harding, Geo.. 1825, 
Hardy, Josiah, 1781, 
Hardy, Sir Chas., 1779. 
Harpell, Frederic, 1791, 



Vol. 

3 


Page. 
76 


1 


531 


3 


653 


2 


195 


1 


115 


2 


406 


3 


632 


4 


545 


4 


498 


4 


24 


4 


59 


4 


575 


o 


405 


•_> 


581 



5 519 



342 

546 
422 
440 
370 
3 409 
3 614 
5 529 

1 543 

2 177 



3 149 
2 201 
5 209 
243 
199 
527 
368 
2 113 

2 573 

3 150 

3 424 

5 356 

3 101 

3 41 

3 463 



Named. Vol. 

Harp, William. 1303, 4 

Harriman, Joseph. 1820, 5 
Harrison. Benjamin. 1791. 3 
Harrison, Benjamin. 1700, 4 
Harrison, Benjamin. 1618, 5 
Harrison, Mrs. 1805. 4 

Harrison, Robert Hanson. 

1790, 3 

Harris. Thomas. 1801, 4 

Harris, Thomas, 1820, 5 

Hart, John, 1780. 3 

Hart, Susannah. 1830. 5 

Harvard, John, 1638. 1 

Harvey, Miss Hannah. 1827. 5 
Harvey, Philadelphia. 1819.5 
Harvey. Sir John. 1651. 1 
Haseltine, Jane. 1810. 4 

Haslet. William, 1707. 3 

Hassey. Elizabeth. 1827. 5 
Hastings, Seth. 1831. 5 

Hathaway, Desire. 1837. 5 
Hathcoke. Thomas. 1818. 5 
Hatherly, Timothy. 1666, 1 
Hathorne, William, 1681. 1 
Hathorne, Win. 1881. 5 

Haven, Nathaniel Apple- 
ton, 1831, 5 
Haveu, Samuel, 18ofi. 4 
Hawley, Joseph, 1788. 3 
Hayes, Elizabeth, 1827, 5 
Haley, Thomas. 1700, 3 
Hayne, Isaac, 1781. 3 
Haynes, John, 1654. 1 
Hayward, Sarah, 1825, 5 
Hayward, Bethiah. 1817. 5 
Hazard, Ebenezer. 1817, 5 
Hazeltine, Elizabeth, 1834, 5 
Heath. William, 1814, 5 
Heifer, Ann, 1758. 2 
Heister, Ann Barbara.1818.5 
Henderson, Ch'stoph'r,1789,3 
Henderson, Howard. 1772, 2 
Henderson, John. 1811, 4 



Page. 
265 
241 
458 
30 
170 
303 

451 

215 
360 

74 
494 

85 
435 
206 
141 
525 
675 
435 
527 
602 
185 
247 
389 
509 

528 
346 
285 
432 
371 

85 
157 
341 
142 
142 
541 

24 
314 
182 
335 
498 
565 



GOVERNOR WILLIAM PLUMER. 



445 



Names. 
Henderson, Leonard. 1833, 
Henderson, William* 1826. 
Hendric. 1755, 
Hendrie, Gannet. 1823. 
Hennian. Sarah. 1823. 
Henry, John. 1798, 
Henry, John Joseph, 1810. 
Henry, Patrick, 1799. 
Henry, William. 1819. 
Herkimer, Nicholas, 1777, 
Hersey Abner. 1787. 
Hersey. Ezekiel, 1770. 
Hewes, Joseph, 1779, 
Hewlett, Josiah. 1821. 
Hibbins. William. 1052. 
Higginson. Francis, 1630, 
Higginson, John, 1708, 
Hight, Elizabeth, 1765, 
Hillhouse, James, 1834. 
Hilliard, Timothy, 1790. 
Hill, Richard, 1729, 
Hinkley, Thomas, 1706, 
Hixon, Joanna, 1813, 
Hixon, Mrs, 1811, 
Hoar, Jonathan, 1771, 
Hoar, Leonard, 1675, 
Hobart, Noah, 1773, 
Hoff, Eaglebert, 1764, 
Holton, Samuel, 1816, 
Holyoke, Edward, 1769, 
Holyoke, Edward Augus- 
tus, 1829, 
Hooker, Thomas, 1647, 
Hooper, Robert Lettice, 

1738, 
Hooper, William, 1790, 
Hooper, Wm., 1827, 
Hopkins, Edward, 1657, 
Hopkins, Lemuel, 1801, 
Hopkins, Samuel, 1803, 
Hopkins, Stephen, 1785, 
Horsemanden, Daniel, 177 
loward, Eleanor, 1818, 



Vol. 


Pag?. 


, 5 


529 


. 5 


375 


2 


284 


5 


305 


5 


297 


4 


24 


. 4 


538 


4 


37 


5 


207 


2 


579 


3 


262 


o 


433 


3 


46 


5 


273 


1 


158 


1 


45 


1 


569 


o 


381 


5 


537 


3 


444 


2 


110 


1 


555 


4: 


612 


4 


549 


o 


489 


1 


302 


2 


505 


2 


368 


5 


109 


•> 


423 


5 


453 


1 


117 


2 


159 


3 


444 


5 


431 


1 


176 


4 


211 


4 


262 


3 


190 


8,3 


14 


5 


189 



Names. Vol. Page. 

Howard, Francis, Lord 

Effingham, 1700, 1 

How, James, 1702, 1 

Hubbard, William, 1704, 1 
Hudson. Henry, 1611, 1 

Flunter, Robert, 1731, 2 

Hunt. Samuel, 1799., 4 

Hunt, Samuel, 1807, 4 

Hutchinson, Ann, 164:;, 1 
Hutchinson, Ann, 1801, 4 
Hutchinson, Thomas, 1739, 2 
Hutchinson. Thomas, 1780.3 
Hutton, John Strange- 
way, 1792, 3 
Hyde, Edward, 1712. 1 



Imlay, J. H., 1S23, 5 

Imlay, John, 1792, 3 

Ingalls, John, 1815, 5 

Ingersoll, Jared. 1781, 3 

Ingolsby, Richard, 1718, 2 

Innes, Harry 1816, 5 

Iredell, James, 1799, 4 

Ireland, Benjamin, 1778, 3 

Irvine, Andrew, 1789. 3 

Irvine, William, 1804, 4 

Irwin, Jared, 1818. 5 

Izard, George, 1828, 5 

Izard, Ralph, 1804. 4 

Jack, 1800. 4 

Jack, 1810. 4 

Jack, 1827, 5 

Jack, 1831. 5 

Jackson, Clement, 1788. 3 

Jackson, Gridley, 1829. 5 

Jackson, Hall, 1797, 3 

Jackson, James. 1806, 4 

Jackson, Jonathan, 1810, 4 

Jafi'rey, George, 1706, 1 

Jaffrey, George, 1749, 2 

Jaffrey, George, 1802, 4 

James, Abel, 1790, 3 



519 
532 
547 
5 
139 

36 
419 

97 
215 
161 

57 

502 

5S7 

297 

491 

45 

95 

1 

93 

29 

16 

353 

294 

169 

449 

301 

149 
525 
421 
509 
285 
465 
654 
350 
509 
ooo 
227 
230 
372 



446 



INDEX TO MANUSCRIPTS OF THE LATK 



Names. 

James. John, 1791, 
Jamison, Kobert,1813. 
Jannett. Alice, 1S0S, 
Jaqnett, James, 1800. 
Jarman, Jane, 1835, 
Jarvis, Chas.. 1807. 
Jasper, William, 177!). 
Jeannett, L., 1824, 
Jefferson, Eleanor, 1S37, 
Jeffries, Herbert, 1678. 
Jenkins, John, 1681, 
Jenkinson, Sarah, 1795. 
Jeuks, Joseph, 1740. 
Jenness, Richard, 1819, 
Jennifer, Daniel of St. 

Thomas, 1790, 
Jennings, Samuel. 1708. 
Jessame, Peter, 1833, 
Jewett, Ruth, 1775, 
John, 1633, 

Johnson, Annah, 1833. 
Johnson, Edward, 1672, 
Johnson, Gabriel, 1752, 
Johnson, Hannah, 1728, 
Johnson, Isaac, 1630, 
Johnson, Jane, 1818. 
Johnson, Matthew, 1821. 
John sou, Noah, 1798, 
Johnson, Phebe. 1826, 
Johnson, Priscilla, 1831. 
Johnson, Robert, 173.">, 
Johnson, Robert, 1826, 
Johnson, Samuel, 1772. 
Johnson, Sarah, 1836, 
Johnson, Sir John, 1798, 
Johnson, Sir Xath'l. 1713 
Johnson, Sir William, 177 
Johnson, Thomas, 1819, 
Johnson, William Samuel 
Johnstone, Samuel, 1816, 
Johnston, John, 1732. 
Jones, Abraham, 1807. 
Jones, David, 177."), 
Jones, Eliphalet. 1740. 



Vol. 


Page. 


3 


474 


4 


628 


4 


435 


4 


187 


5 


548 


4 


395 


3 


38 


5 


317 


5 


603 


1 


357 


1 


392 


3 


585 


o 


169 


5 


194 


3 


424 


1 


567 


5 


531 


2 


527 


1 


73 


5 


531 


1 


286 


2 


261 


2 


101 


1 


45 


5 


186 


5 


286 


4 


21 


5 


372 


5 


519 


o 


143 


5 


369 


2 


494 





597 


4 


19 


, 1 


593 


4,2 


507 


5 


210 


j 5 


302 


5 


107 


2 


126 


4 


421 


2 


529 


2 


173 



Names. Vol. 

Jones, John, 1791, 3 

Jones, John Paul. 1792, 3 

Jones, May, 1798. 4 

Jones, Walter, 1816. 5 

Jones, William. 1716. 1 

Jones, Wm., 1831, 5 

Jordan, Chas. 1803. 4 

Jordan, Robert, 1679, 1 

Joselyn, Henry, 1680, 1 

Jungman, John G.. 1809, 4 

Kalb, Baron de, 1780, 3 

Kapel, Jane 1821, 5 

Karvel, John, 1831. 5 

Kast. Thomas, 1820. 5 

Keau, John, 1795. 3 

Kearsley, John, 1772, 2 

Kearsley, John, 1779, 3 

Keayne, Robert, 1656, 1 

Keffer, Maria Eve, 1819. 5 

Keith, George, 1713, 1 

Keith, Sir William, 1749, 2 

Kelley, Moses, 1824, 5 

Kelley, Sarah, 1825, 5 

Kelley, William, 1827, 5 

Kelpins, John, 1708, 1 

Kelsey, Zachariah, 1829, 5 

Kemp, John, 1812, 4 

Kempton, Patience. 1779, 3 
Kennistone, Christopher, 

1791, 3 
Kennistone, Thomas, 1820, 
Keplar, Tobias, 1827, 
Ketchum, Benjamin, 1816, 
Ketchum, Mrs. 1816, 
Key, John, 1767, 
Key, Philip, 1815, 
Key, Phillip Barton, 1820, 
Kidder, Job, 1823, 
Kimball, Daniel, 1817, 
Kingsbury, Mary, 1810, 
Kinsey, James, 1810, 
Kinsey, John 1750, 
Kirkbride, Joseph, 1737, 



Page. 

480 

504 

5 

10S 

511 
265 
371 
383 
498 

51 
269 
509 
234 
577 
493 

27 
167 
193 
591 
227 
317 
348 
421 
570 
476 
577 

19 

372 
254 
433 
101 

93 
399 

90 
263 
304 
164 
525 
240 
242 
151 



GOVERNOR WILLIAM PLUMER. 



447 



Name*. Vol 

Kirkland. Jno. Thornton. 

1846, 
Kirkwood, Robert. 1792 
Kiskauko. 1S26. 
Kittridge, Thomas. 1818, 
Kline, Margaret, 
Knapp, Jonathan, 1831. 
Kneeland, "William. 1788. 
Knight. Deborah. 1839. 
Knight, Margaret, 1808. 
Knollys, Hansard, 1691. 
Knowles. John, 1685. 
Knovvles, Thomas, 1838. 
Knox, Henry. 1806, 
Kollock, Henry, d. d., 1819. 
Kosciusko, Thaddeus. 1817, 
Kranse. David, 1S20. 
Kuhn, Adam, 1817. 
Kyle, Elizabeth, 1831. 

Lacey, John, 1814. 
Ladd, Josiah Brown, 1786, 
La Fontaine, Cady. 1824, 
Laidlie. Archibald. 1778. 
Lakemore, Mrs. 1793. 
Lamb. James, 1830. 
Landrois. John, 1824, 
Lane, Chas.. 1821, 
Lane, Thomas, 1819. 
Laugdon. John. 1S19. 
Laugdon, Samuel. 1797. 
Langdon. "Woodbury. 1805. 
Langworthy. Content, 1814, 
Lansing. John J., 18: 18, 
Larrabee. Deborah, 1825, 
Lathrop, John. 1653. 
Lathrop. John, 1816. 
Lathrop. John. 1820, 
Lathrop. Joseph, d. d.,1820 
Lauderdale. James, 1814. 
Laurens. Henry. 1792. 
Laurens, John. 1782. 
Law, Jonathan. 1750. 



Page. 



5 


621 


3 


522 


5 


371 


5 


185 


5 


372 


5 


519 


3 


316 


5 


614 


4 


453 


1 


471 


1 


427 


5 


608 


4 


367 


5 


193 


5 


142 


5 


254 


5 


163 


5 


516 


5 


5 


3 


217 


5 


325 


3 


o 


3 


545 


5 


506 


5 


327 


5 


296 


5 


209 


5 


194 


3 


653 


4 


305 


.5 


41 


4 


459 


5 


357 


1 


152 


5 


95 


5 


230 


.5 


229 


5 


29 


3 


491 


3 


107 


2 


242 



Names. 
Law, Richard, 1806, 
Lawrence, Morris, 1792, 
Lawson, John, 1711, 
Lawson, "William, 1791, 
Lawton, Anna, 1815, 
Lay, Benjamin, 1760, 
Lear, Benjamin, 1802, 
Lear, Mrs. 1775, 
Leathers, Abednego. 1802, 
Leathers, Ezekiel, 1801. 
Leaverit. John. 1724. 
Leavitt, Anna, 1815, 
Lebaron, Francis, 1704, 
Ledyard, John, 1788. 
Ledyard, "William, 1781 
Lee, Ann, 1784. 
Lee, Charles, 1782. 
Lee, Charles, 1815, 
Lee, Richard Henry, 1794, 
Lee, Samuel, 1691, 
Lee, Sarah, 1800. 
Lee, Thomas, 1750. 
Lee, Thomas Sim, 1819. 
Leede, Thomas, 1806, 
Leete, William, 1683, 
Leicester, John. 1827. 
Leisberger, David, 1808, 
Leisler, Jacob, 1691, 
Leonard. Thankful, 1827, 
LePortevine, Jane, 1801, 
Levering. "Wishert, 1744. 
Leverett. John, 1679 
Lewis. Comfort, 1831. 
Lewis, Francis, 1803, 
Lewis. Francis, 1823, 
Lewis, Meriwether, 1809, 
Lewis, Mrs. 1820. 
Lewis, Mrs. 1823. 
Lilly. Mr. 1818. 
Lincoln. Benjamin, 1771, 
Lincoln. Benjamin. 1810. 
Lithgow. William. 1797. 
Little-Turtle, 1812, 



Vol. 
4 


Page. 

343 


3 


524 


1 


583 


3 


163 


5 


90 


2 


331 


4 


229 


o 


515 


, 4 


229 


4 


215 


2 


64 


5 


70 


1 


519 


3 


292 


3 


97 


3 


176 


3 


119 


5 


76 


, 3 


558 


1 


469 


4 


161 


2 


243 


5 


209 


5 


359 


1 


407 


5 


421 


4 


435 


1 


464 


5 


436 


4 


298 


o 


193 


1 


367 


5 


541 


4 


269 


5 


299 


4 


502 


5 


243 


5 


303 


5 


169 


2 


-181 


4 


514 


q 
'j 


685 


4 


597 



448 



INDEX TO MANUSCRIPTS OF THE LATE 



N&nes. Vol 

Livermore, Matthew, 1776, 2 

Livermore, Samuel. 1803 4 

Livingston, Henry Walter, 4 

Livingston. Philip. 1778. 3 

Livingston. Robert. 1728, 2 
Livingston. Robert R., 1813,4 

Livingston. William, 1790. 3 

Livius. Peter, 1795. 3 

Lloyd, David. 1731. 2 

Lloyd. Thomas, 1694. 1 

Locke, Samuel. 1777. 2 

Logan, 1774, 2 

Logan. James, 1751, 2 

Logan. Martha, 1779. 3 

Lohr, Mrs.. 181 8, 5 

Long, Pierce. 1789, 3 

Loom is, Joanna. 1801, 4 

Lord, Benjamin. 1784. 3 

Lovejoy, Hannah. 1S05, 4 

Lovelace, Francis. 1681, 1 

Lovelace, John. 1709. 1 

Lovell, James, 1814. 5 
Lovell, John, 1778. 
Lovewell, John, 1725, 
Lovewell. Zaecheus, 1750, 
Lowell, John, 1767. 
Lowell. John. 1802, 

Lucy. 182."). 5 

Ludlow, Roger, 1666. 1 

Ludwell. Philip, 1716. 1 
Ludwick. Christopher. 1800.4 

Lynch, Elizabeth. 1791 1 3 

Lynde, Benjamin. 1745. 2 

Lynde. Benjamin. 1781. 3 

Lvman, Phinehas. 1778. 3 



Macwhorter, Alex'd'r, 1801 
Madskawando. 1698, 
Magdaline. Mrs.. 1819, 
Mackeel. Michael. 1823, 
Makin, Thomas. 1733. 
Manigault. Gabriel. 1781, 
Manigault, Peter, 1773, 



Page. Name?, 

55ii Manly, John, 1793. 

266 Manning, James, 1791. 

530 Manning, John, 1824. 

11 Marchant, Henry. 1796, 

100 .March, Clement, 1777. 

621 Marion, Francis, 179"), 

429 Markharn. William. 1704 

577 Marney, Lucy, 1816. 

121 Marquette, Father. 167-1. 

486 Marshall, Joanna, 1708. 

579 Marshall, Thomas, 1708. 

510 Martha. 1S05, 
250 Martin. James, 1823. 

46 Martin, James, 1833. 

169 Massasoit. 1662. 

354 Mason, John, 1637, 

189 Mason. John. 1673. 

179 Mason. John. 1792. 

327 Mather, Cotton, 1728, 

392 Mather, Increase. 1723. 

7)75 Mather, Richard, 1669/ 

40 Mather, Samuel, 1671, 

14 Mather, Samuel, 1785. 
272 Matthews, Jacob, 1824, 
214 Matthews. Mrs.. 1817, 
403 Matthews, Oliver, 1824, 
231 Matthews. Samuel. 1616, 
347 Matthewson, Othneil, 1806, 
248 Maverick, Samuel, 1664 
611 Maxton, Martha, 1804, 
154 May, Daniel. 1821. 
371 Mayer, Christian. 1842, 
195 Mayhew, Experience, 1758, 
100 Mayhew, Jonathan. 1766, 

15 Mayhew, John, 1689. 
Mayhew, Thomas, 1657, 

414 Mayhew, Thomas, 1681. 

511 Mayo. Mrs., 1775. 
193 Maynard, Moses, 1797, 
300 McAllister, Mrs.. 1797, 
129 McClary. Andrew, 1775, 

98 McClench. Mrs., 1808, 

499 McClintock, Samuel, 1804, 4 



Vol. 1 


Page. 


3 


538 


3 


456 


5 


337 


3 


617 


2 


563 


3 


585 


1 


548 


5 


106 


1 


303 


1 


569 


1 


567 


4 


328 


5 


313 


5 


531 


1 


220 


1 


81 


1 


289 


3 


500 


2 


1728 


2 


53 


1 


26-1 


1 


277 


3 


183 


5 


325 


5 


165 


5 


338 


1 


198 


36.4 


365 


1 


237 


4 


298 


5 


274 


5 


633 


)8,2 


313 


o 


383 


1 


452 


1 


174 


1 


387 


o 


527 


3 


675 


3 


675 


2 


526 


4 


453 


L 4 


296 



i 



GOVERNOR WILLIAM PLUMER. 



449 



Names. 
McDonald, Daniel. 1813, 


Vol. 
4 


Page. 
628 


McDonald, George, 1786, 


3 


222 


McDonald, Laughlin, 182 J 


, 5 


275 


McDongal, Alexander, 1786,3 


222 


McFall, William, 1815, 


5 


70 


McTntire, Dinah, 1819. 


5 


205 


McTntire, Sarah, 1811, 


1 


:m 


Mcintosh, Lacklen, 1806, 


1 


374 


McKim, William. 1818, 


5 


169 


McKinley, John, 1796, 


3 


632 


McKnight, Chas., 1790. 


3 


427 


McLaughlin, Sarah, 1818, 


5 


177 


Mc Lei Ian, Jane, 1821. 


:. 


275 


Mears, James. 1798, 


1 


24 


Mercer, Hugh. 1777. 


o 


563 


Meredith. Mary, 1803 


1 


436 


Meredith, Sarah, 1770. 


•_) 


437 


Merrick, Mary, 1813, 


1 


603 


Merrill, Phinehas. 1815, 


5 


46 


Merrill, Thomas, 1811. 


5 


22 


Meserve. Nathaniel. 1758. 





314 


Metlin, Robert, 17S7. 


3 


261 


Miantonomah. 1643. 


1 


101 


Middleton. Arthur, 1762, 





353 


Middleton, Arthur. 1787. 


3 


274 


Middleton, Peter, 1781, 


3 


104 


Mifflin, Thomas, 1800, 


4 


162 


Minot, Geo. Richards,lS<r: 


, 1 


240 


Minot, James, 1759, 


o 


327 


Mitchell, Jonathan, 1668. 


1 


261 


Mitchell, John, 1772. 


o 


492 


Mitchell, John, 1816, 


5 


102 


Monckton, Robert, 1782, 


3 


119 


Montgomery. John, 1731. 
Montgomery, John, 1808, 




1 


123 
466 


Montgomery, John. 1S28, 


5 


443 


Montgomery, Richard, 177 


5,2 


531 


Moodey, Joshua, 1697, 


1 


503 


Moody, Samuel, 1717, 


o 


215 


Moody, Samuel, 1795, 


3 


609 


Morris, Lewis, 1716, 


2 


202 


Morris, Lewis, 1797, 


3 


685 


Morris, Lewis, 1798. 


4 


26 



Names. Vol. L 

Morris, Robert, 1806. 4 

Morris, Robert, 1815, 5 

Morris, Robert Hunter,1764.2 
Morse, Jedediah, 1826, 5 

Morton, Charles, 1698, 
Morton, John, 1777, 
Morton, Nathaniel 1685, 
Morton, Thomas, 1646, 
Motte, Hannah, IS 19, 
Moulton, Jonathan, 1787 



age. 

377 

76 

369 

5 413 

1 511 

2 583 
428 
113 
193 
277 



Nabitt, Solomon, 1820, 
Nash, Francis. 1777, 
Naylor, Mrs. 1805. 
Neighbors, Mrs. 179*. 
Neinattanow, 1622, 
Nelson, Thomas, 1789, 
Nelson, Thomas, 1818. 
Nelson, William, 1772. 

Nephews, Mrs. 1800, 4 

Nesbit, Charles, 1804, 4 

Nevil, Samuel. 1764. 2 

Nevin, James, 1769. 2 

New by, Ann, 1806, 4 

Newcomb, Daniel, 1818, 5 

Newell, Hepzibah. 1834. 5 

Newell, Samuel, 1821. 5 

Newlin. Mary, 1790. 3 

Newman, Francis, 1661. 1 

Newman, Samuel, 1664, 1 
Newmarch. Elizabeth, 1*00,4 

Newport, John 1808, 4 

Newton, Sarah, 1790, 3 

Newton, Sarah, 1823, 5 

Newton Thomas, 1721, 2 
Nicholas. Wilson Cary, 1820,5 

Nichols, Moses, 1790, 3 

Nichols. William, 1724, 2 

Nicholson, James, 1804, 4 
Nicholson, Sir Francis, 1728,2 

Nicol. John, 1743, 2 

Nildet, Solomon, 1815, 5 

Niles, Samuel, 1762, 2 



221 
564 
303 

6 
37 

336 
188 
491 
161 
287 
367 
423 
337 
183 
539 
273 
367 
201 
232 
151 
43*5 
371 
449 

17 
262 
453 

t]S> 
28* 

96 
185 

90 
343 



45° 



INDEX TO MANUSCRIPTS OF THE LATE 



Names. 
Ninigret, 1678, 
Noble, Sarah. 1792. 
Nodine, Andrew. 1802. 
Norris, Edward, 16" 9, 
Norris, Edward, 1767. 
Norris, Isaac. 1735 
Norris, Isaac. 1766. 
Norris. John, 1808. 
Norris, Judah, 1764, 
Norris, Phebe, 1811. 
North, .Mary. 1802, 
Norton, John. 1663, 
Norton, Sarah, 1818, 
Nott, Edward, 1706. 
Novvell, Increase, 1655, 
Noyes, Simon, 1816. 
Nurser, Jacob, 1827. 

Oaks, Urian, 1681, 
Obbey. Dilley. 1840, 
O'Brien. Richard. 1824. 
Occum, Sampson. 1792. 
Ogden. Aaron, 1839. 
Ogden, Jacob, 1780. 
Ogden. Matthias. 1791. 
Ogle. Samuel. 1751, 
Oglethorpe, James, 1785. 
O'Hara, James, 1819, 
Olcott, Peter, 1S08, 
Olcott, Simeon. 1815, 
Olin, Gideon, 1823. 
Oliver, Andrew, 1774. 
Oliver, Andrew, 1799, 
Oliver, Benja. Lynde. 183 
Oliver, Daniel, 1732. 
Oliver, Jane, 1820. 
Oliver, Peter, 1791. 
Oliver, Thomas, 1816, 
Olive, Thomas, 1692, 
Opechancanough. 1612, 
Orcott, Samuel, 1826, 
Orne. Azor. 1796. 
Orne, Joseph, 1786, 



IToI. 


Page. 


1 


363 


3 


504 


4 


226 


1 


181 





403 


2 


141 


2 


392 


4 


454 


2 


369 


4 


563 


4 


229 


1 


229 


5 


186 


1 


557 


1 


163 


5 


105 


5 


432 


1 


387 


5 


632 


5 


318 


o 


499 


5 


613 


3 


55 


3 


456 


2 


247 


3 


195 


5 


217 


4 


445 


5 


46 


5 


313 


o 


507 


4 


31 


, 5 


545 


o 


126 


5 


222 


3 


463 


5 


' 94 


1 


467 


1 


89 


5 


412 


3 


634 


3 


221 



Names. Vol. 

Orono, 1801, 4 

Orono. 1809, 
Orr, Hugh, 179*. 
Orr, John, 1799, 
Orr. John, 1823, 
Osborn, John, 1753, 
Osbora. Sir Dan vers, 1753, 2 
Osgood, Samuel, 1812. 4 

Otherson, James, 1808 
Otis, James, 1778, 
Otis, James, 1783. 
Otis, John, 1727, 



Otis, Samuel Alleyne, 1814,5 

Otis, Sarah. 1819, 5 

Otsequette, Peter. 1792. 3 

Overing, Cato, 1821, 5 

Overing, John, 1745, 2 

Overton, Samuel, 1833. 5 

Owen, Abigail. 1824, 5 

Owen, Griffith, 1717, 1 

Oxenbridge, John, 1674, 1 

Paca, William, 1799. 4 

Pace, Michael, 1830, 5 

Packer, Thomas, 1723, 2 

Packer, Thomas, 1771, 2 

Paige Elizabeth. 1803. 4 

Paige, Mercy, 1823. 5 

Paine, Robert Treat, 1814, 5 

Pallate, Joseph, 1823, 5 

Palmer, George, 1812, 4 

Palmer, Jane, 1808, 4 
Panquet,Macmearne Pierre,5 

Parker, Elizabeth. 1826, 5 
Parker, Captain John, 1817,5 

Parker, John, 1791, 3 

Parker. Mr., 1776, 2 

Parker, Mrs., 1823, 5 

Parker. Noah. 1787. 3 

Parker, Samuel, 1S04. 4 

Parker, Thomas, 1677, 1 

Parker, William, 1781, 3 

Parker, William, 1813, 4 



Page. 

222 

502 

21 

29 
299 
267 
275 
599 
453 
o 
134 
86 
42 
194 
501 
285 
195 
529 
327 
615 
297 

30 
486 

53 
475 
280 
300 
1 
304 
596 
448 
434 
413 
165 
455 
562 
303 
261 
288 
333 

94 
603 



GOVERNOR WILLIAM PLUMER. 



451 



Namea. 


Vol. 


Page. 


Par£s, Mary, 1823, 


5 


303 


Parsons, Jonathan, 1776, 


2 


544 


Parsons, Moses, 1784, 


3 


178 


Parsons, Sam'l Holden.1789,3 


351 


Parsons, Theophilus, 1813 


4 


604 


Partridge, William. 17:29, 


•> 


103 


Passaconaway, 1665. 


1 


243 


Pastorius, Francis D., 1720, 2 


43 


Patterson, William, 1806, 


4 


344 


Peabody, Nathaniel, 1823, 


5 


307 


Peabody, Oliver. 1831, 


5 


513 


Peach, Thomas, 1802, 


4 


229 


Pearson, Abigail, 1816, 


5 


93 


Peckham. Deborah, 1819, 


5 


193 


Peckle, Frederic. 1820. 


5 


243 


Peirce, Daniel, 1773, 


2 


499 


Peirce, John, 178S, 


3 


321 


Peirce, John, 1814, 


5 


33 


Peirce Joseph, 1812, 


4 


595 


Pierce, Moses 1823. 


5 


303 


Peirson, Abraham, 1680, 


1 


380 


'Peirson, Abraham, 1707, 


1 


561 


Pemberton, Ebenezer, 1717 


,1 


616 


Pemberton, Ebenezer, 1777 


,2 


572 


Pemberton, Thomas. 1S07, 


4 


415 


Pendleton, Bryan, 1680, 


1 


384 


Penhallow, Samuel, 1726, 


2 


82 


Penn, Hannah, 1733, 





133 


Penn, John, 1746, 


2 


201 


Penn, John, 1788. 


3 


324 


Penn, John, 1795, 


3 


605 


Penn. Richard. 1811, 


4 


565 


Penn, Thomas, 1775, 





529 


Penn, William, 1718, 





213 


Pepperell. Sir William. 1759.2 


326 


Pepperell, Sir William, 181 6,0 


1»)9 


Pepperell, William, 1734, 





139 


Pepper, Silence, 1820, 


5 


243 


Perkins, Elisha, 1799, 


4 


57 


Perkins, Elizabeth, 1809, 


4 


483 


Perkins, Joseph, 1791, 


3 


556 


Perkins, William, 1732. 


2 


127 


Perkins, William, 1765, 


2 


381 


VOL. LX. 


31 





Names. Vol. 

Perry, Phebe, 1818, 5 

Perry, Sarah, 1816, 5 

Peters, Hugh, 1660, 1 

Philip, 1676, 1 

Phillips, George, 1644, 1 

Phillips, John, 1695, 3 

Phillips, Samuel, 1722, 2 
Phillips, Samuel, 1771. 2 
Phillips, Samuel, 1790. 3 
Phillips. Samuel, 1802, 4 

Phipps, Sir William, 1695, 1 
Phipps, Spencer, 1757, 2 

Pickering, John, 1721, 2 

Pickering John, 1805, 4 

Pickering, Theophilus,1747,2 
Pidgeon, Benjamin, 1814, 5 
Pierpont, James, 1714, 
Pitkin, William, 1723, 
Pitkin, William, 1769, 
Poak, Mrs. 1770, 
Pocahontas, 1617. 
Politis, Peter, 1820, 
Pollard, Ann, 1725, 
Pollock, Thomas, 1722. 
Pontiac, 1767, 
Poor, Enoch, 1780, 
Porter, Elizabeth, 1808, 
Post, Eve, 1811, 
Powhatan. 1618, 
Pownal, Thomas, 1805, 
Pratt, Benjamin, 1763. 
Pratt, Ephraim, 1804, 
Pratt, Henry, 1818, 
Prentice. John, 1808, 
Prince, Thomas, 1673, 
Prince, Thomas, 1758, 
Pusey, Caleb, 1725, 
Pushmataha, 1824, 
Putnam, Israel, 1790, 
Putnam, James, 1781, 



Quarterman, John, 1804, 4 
Quashee, 1815, 5 



Page. 
169 
106 
189 
317 
111 
575 

51 
487 
443 
236 
491 
304 

45 
317 
214 

29 
602 

61 
426 
432 

13 
244 

74 

51 
408 

55 
435 
551 

21 
329 
360 
299 
177 
445 
291 
310 

73 
325 
414 

96 

287 
45 



45* 



INDEX TO MANUSCRIPTS OF THE LATE 



Name's. 
Quincy, John, 1767, 
Quincy, Josiah, 1775, 
Quincy, Samuel, 1789, 
Quittamug, John, 1723, 

Radburn, William, 1819, 
RalJe, Sebastian, 1724. 
Ralph, James, 1762, • 
Randal, John, 1829, 
Randolph, Edmund, 1813, 
Randolph, Edward, 1691, 
Randolph, Peyton, 1775, 
Randolph, Sir John, 1737, 
Rankins, Miss Catharine, 
Rasil, 1S30, 

Rawson, Jonathan, 1794, 
Raymond, George, 1807, 
Read, George, 1798, 
Read, John, 1749, 
Ream, Jeremiah, 1804, 
Redknap, Joseph, 1686, 
Red Pole, 1797, 
Redwood, Abraham, 1788, 
Reed, John, 1831. 
Reed, Joseph, 1785, 
Reese, Thomas, 1796, 
Reese, William, 1816, 
Reid, George, 1S15, 
Reid, John, 1816, 
Reiley, Capt. John, 1838, 
Reizel, John. 1830, 
Rephenback, Tunis, 1333, 
Reynolds, John, 1763, 
Rheelman, George, 1819, 
Rhett, William, 1722, 
Rice, Gersham, 1769, 
Rice, Marj-, 1807. 
Rice, Richard, 1709. 
Richards, Elizabeth, 1816 
Riddle, M., 1801, 
Ridgely. Charles, 1785, 
Rifer, Mrs., 1S02, 
Rindge, Daniel, 1799, 



ol. 


Page. 


2 


400 


2 


515 


3 


341 


2 


53 


5 


211 


2 


65 


2 


351 


5 


476 


4 


612 


1 


463 


2 


521 


o 


151 


4 


276 


5 


506 


3 


551 


4 


416 


4 


15 


2 


230 


4 


298 


1 


435 


3 


658 





316 


5 


509 


3 


201 


3 


617 


5 


101 


5 


70 


5 


106 


5 


605 


5 


500 


5 


529 


2 


358 


5 


206 


2 


49 


2 


427 


4 


421 


i 


575 


5 


101 


4 


189 


3 


207 


4 


229 


4 


53 



Names. Vol. 

Rindge, John, 1740, 2 

Ring, S., Esq., 1814. 5 

Ripley, Mary, 1803, 4 

Ripley, Sylvanus, 1787, 3 

Rittenhouse, David, 1796, 3 

Rivira, Hannah R., 1820, 5 

Robbins, Elizabeth, 1823, 5 

Roberdeau, Daniel, 1795, 3 

Roberts, Abigail, 1823, 5 

Roberts, Charles, 1796, 3 

Robinson, John, 1766, 2 

Rodney, Caesar Augustus, 5 

Rodney, Caesar, 1783, 3 

Rogers, Adam, 1803. 4 

Rogers, Ezekiel, 1661. 1 

Rogers, John, 1684, I 

Rogers, Nathaniel, 1829, 5 

Rogers, Robert, 1800, 4 

Rollings, Joseph, 1795, 3 

Rose, Abigail, 1791, 3 

Rose, Mr., 1791, 3 

Ross, Alexander, 1818, 5 

Ross, George, 1779, 3 

Rounds, Mary, 1824, 5 

Rowe, Dorcas, 1818, 5 

Rowell, Samuel, 1812, 4 

Ruggles, Timothy, 179S, 4 

Rumsey, James, 1792 3 

Rundlett, Jonathan. 1804, 4 

Rush, Benjamin, 1813, 4 

Rush, Catharine, 1817, 5 

Russell, James, 1798, 4 

Russell, Chambers, 1767 2 

Russell, Thomas, 1796, 3 

Rutledge, Edward, 1800, 4 

Rutlege, John, 1819, 5 



Saffin, John, 1710, 1 

Salisbury, Edward, 1829, 5 
Saltonstall, Gurdon. 1724, 2 
Saltonstall, Nathaniel, 1 707,1 
Saltonstall, Nathaniel, 1815,5 
Saltonstall, Richard, 1756, 2 



Pa*e. 
169 

1 
265 
273 
635 
249 
297 
606 
301 
614 
394 
334 
150 
280 
202 
423 
464 
171 
585 
462 
463 
185 
35 
317 
178 
596 

6 
525 
299 
631 
129 
24 
405 
633 
175 
210 

580 
459 

63 
559 

52 
287 



GOVERNOR WILLIAM PLUMER. 



453 



Name?. 


Vol 


Page. 


Saltonstall, Richard, 1785 


, 3 


189 


Saltonstall.Sir Rich'rd,1658,l 


178 


Saltonstall. Richard, 1694 


1 


482 


Sanborn, Abigail 1805, 


4 


327 


Sanborn, Catharine, 1810, 


4 


525 


Sandeman. Robert, 1771, 


2 


475 


Sandyford, Ralph, 1733, 


o 


129 


Sarah, 1821, 


5 


274 


Sargent, Nathaniel Peaslee,3 


456 


Sargeant, Winthrop, 1820 


5 


229 


Sassarris, 1637, 


1 


82 


Saunders. Cato, 1829, 


5 


476 


Saunders. James, 1834, 


5 


540 


Savage. Mary, 1825, 


5 


356 


Sawyer, Elizabeth, 1815, 


5 




Sayle, William, 1671, 


1 


277 


Scammell, Alexander, 178] 


,3 


83 


Schaik, Gosen Van, 1789, 


3 


353 


Schuyler, Peter, 1759, 


2 


323 


Schuyler, Philip, 1804, 


4 


289 


Scoby, William, 1754, 


2 


279 


Seabury. Samuel, 1790, 


3 


616 


Searcy, Bennet, 1818, 


5 


177 


Searle, James, 1797, 


3 


675- 


Seavey, Hannah, 1821, 


5 


275 


Sedgewicke, Robert, 1656, 


1 


168 


Senter, Isaac. 1790, 


4 


53 


Sergeant, John Dickinson, 


3 


546 


Sergeant, John, 1749. 


2 


234 


Sevenes, Catharine, 1S10, 


4 


532 


Sewall, Deborah. 1824, 


5 


327 


Sewall, Jonathan Mitchel, 


4 


442 


Sewall, Joseph, 1769, 


2 




Sewall, Samuel, 1730, 


2 


116 


Sewall, Samuel, 1814, 


5 


35 


Sewall, Samuel, 1815, 


5 


72 


Sewall, Stephen, 1725, 


2 


73 


Sewall, Stephen, 1760, 


2 


335 


Sewall, Stephen, 1804, 


4 


298 


Shattuck. Benjamin, 1794, 


3 


555 


Shaw, John, 1S15, 


5 


45 


Sheafe, Jacob, 1791, 


3 


485 


Sheafe, Jacob, 1S29, 


5 


463 



Names. Vol. 

Sheafe, Sampson, 1724, 2 

Sheafe, Sampson, 1772, 2 

Shepard, Samuel, 1815, 5 

Shephard, Thomas, 1649, 1 

Shephard, Thomas, 1677, 1 

Sheppard. John, 1809, 4 
Sherburne, Catharine, 1808, 4 

Sherburne, Henry, 1767, 2 

Sherburne, John, 1797, 3 

Sherburne, John Samuel, 5 

Sherer, Hannah, 1804, 4 

Sherman, John, 1685, 1 

Sherman, Roger, 1793, 3 

Sherritt, Hugh, 167S, 1 

Sherwood, Ellis, 1814, 5 

Shippen, Edward, 1751, 2 

Shippen, Edward, 1806, 4 

Shippen, William, 1801, 4 

Shippen, William, 1808, 4 

Shirley, James, 1754, 2 

Shirley, James, 1791, 3 

Shirley, William, 1771, 2 

Shute, Samuel, 1742, 2 

Sibley, Patience, 1820. 5 

Simcock, John, 1702, 1 

Singletary, Richard, 1687, 1 

Sine, Peter, 1820, 5 

Sireven, James, 1778, 3 

Skiff, Mrs., 1815, 5 

Slough ter, Henry, 1691, 1 

Small wood, William, 1792, 3 
Smibert, John, 1751, 
Smilie, John, 1812, 
Smith, Ebenezer, 1807, 
Smith, Elihu Hubbard, 
Smith, Israel, 1810, 
Smith, John, 1631, 
Smith, John, 1771, 
Smith, John, 1816, 
Smith, John Blair, 1799, 
Smith, Josiah, 1781, 
Smith, Josiah, 1803, 
Smith, Robert, 1781, 



Page. 
70 

497 

73 
137 
346 
483 
445 
404 
676 
490 
298 
429 
539 
364 
1 
249 
376 
221 
400 
280 
486 
481 
181 
222 
531 
442 
243 
9 

45 
469 
526 
257 
579 
418 

25 
526 

49 
476 
107 

49 
105 
276 
100 



454 



INDEX TO MANUSCRIPTS OF THE LATE 



Names. 


Vol. 


Page. 


Smith, Thomas, 1705, 


3 


607 


Smith, Thomas, 1809, 


4 


500 


Smith, William, 1705, 


1 


552 


Smith, William, 1709, 


o 


425 


Smith, William, 1S03, 


4 


271 


Smith, William, 1823, 


5 


304 


Smith, Wra. Laughton,1812 


,4 


596 


Smith, fra. Peartree, 1801 


,4 


219 


Smith, Wm. Wallace, 1818 


4 


630 


Smith, Wm. Moore, 1821, 


5 


286 


Sneed, Benjamin, 1819, 


5 


205 


Sothel, Seth, 1694, 


1 


484 


South worth, Thomas, 1669 


,1 


266 


Sprague, Peleg, 1800, 


4 


153 


Sullivan, James, 1808, 


4 


468 


Sullivan, John, 1795, 


3 


567 


Sutton, Mary, 1798, 


4 


28 


Standish, Miles, 1656, 


1 


165 


Stearns, Josiah, 1788, 


3 


326 


Steele, Jonathan, 1824, 


5 


327 


Stodder, Daniel, 1737, 


o 


155 


Stone, Samuel, 1663, 


1 


234 


Stoughton, William, 1701, 


1 


523 


Strong, Caleb, 1819, 


5 


213 


Strong, Simeon, 1805, 


4 


310 


Stuyvesant, Peter, 1682. 


1 


404 


Symmes, Thomas, 1725, 


2 


76 


Tabor, Sarah, 1819 


5 


302 


Taggart, Samuel, 1825, 


5 


357 


Tailor, William, 1732, 


2 


125 


Talcott, Joseph. 1742, 


2 


181 


Tallant, Hugh, 1795, 


3 


601 


Tamer, 1828, 


5 


446 


Tappan, Christopher, 1818 


, 5 


178 


Tappan, Molly. 1833, 


5 


531 


Tassin, Peter, 1S08, 


4 


445 


Tatham, William, 1819, 


5 


201 


Tatman, Nathaniel, 1825, 


5 


348 


Taylor, Eunice, 1824, 


5 


327 


Taylor, George, 1781, 


3 


92 


Taylor, Sarah, 1819, 


5 


210 


Taylor, William, 1794, 


3 


551 



Names. Vol. 

Teachman, Nicholas, 1820, 5 



Telfair, Edward, 1S07, 4 

Teunent, Gilbert, 1765, 2 
Tennent, William, 1743, 2 
Temient, William, 1777, 2 
Tenney, Hannah, 1802, 4 
Tenney, Samuel, 1816, 5 

Terry, Stephen, 1811, 4 

Thacher, Oxenbridge, 1765, 2 
Thacher, Oxenbridge, 1772, 2 
Thacher, Peter, 1727, 2 

Thacher, Peter, 1739, 2 

Thacher, Peter, 1744, 2 

Thacher, Peter, 1802, 4 

Thacher, Thomas, 1678, 1 
Thaxter, John, 1791, 3 

Thayer, Ebenezer, 1794, 3 
Thayer, Ebenezer, 1809, 4 
Thayer, Jonathan, 1802, 4 
Thayer, Sarah, 1S00, 4 

Thomas, John, 1727. 2 

Thomas, John, 1770, 2 

Thomas, John, 1818, 5 

Thomas,John Hanson, 1815,5 
Thomas, Mrs. 1799, 4 

Thomas, Sir George, 1775, 2 
Thompson, Ebenezer, 1802, 4 
Thompson, Flora, ISIS, 4 
Thompson, Mary, 1825, 5 
Thompson, Thankful, 1812,4 
Thompson, Thos. W., 1821,5 
Thomson, Chas., 1824, 5 

Thorla, Mary, 1803, 4 

Thorndike, Ebenezer, 1819, 5 
Thornton, Matthew, 1803, 4 
Thornton, Mrs. 1800, 4 

Thrumbull, Jonathan, 1785,3 
Tiebout, Tunis, 1823, 5 

Tilghman, Tench, 1786, 3 
Tolman, Thomas, 1811, 4 
Tommie, Mrs., 1796. 3 

Torry, Samuel, 1707, 1 

Torry, William, 1683, 1 



Page. 
249 
399 
375 
186 
57 
226 
96 
551 
376 
493 

161 
191 
223 

357 
476 
557 
502 
229 
161 
86 
549 
186 
71 
53 
527 
227 
448 
348 
596 
276 
318 
247 
205 
277 
149 
213 
302 
253 
549 
619 
561 
421 



GOVERNOR WILLIAM PLUMER. 



455 



Names. 
Towle, Daniel, 1787, 
Tracy, Uriah, 1S07, 
Trask, Thomas, 1809, 
Treat, Mary, 1790, 
Treat, Robert, 1710, 
Treat, Samuel, 1717, 
Trent, William, 1724, 
Trott, Nicholas, 1740, 
Trowbridge, Edrnund.1793, 3 
Tucker, John, 1792, 
Tucker, Mrs. 1795, 
Tuifts, Simon, 1746, 
TufftSj Simon, 1786, 
Tully, Priscilla, 1S08, 
Turner, Lucy, 1809, 
Tustin, Anna, 1793, 
Tyler, Mr. 1802, 
Tyng, William, 1807, 
Tynte, Edward, 1710, 
Tyron, William, 1788, 

Uldrich, Lydia, 1789, 
Ulmer, Geo., 1825, 
Uncas, 1682, 
Underhill, John, 1672, 
Upham, Jabez, 1811, 
Upham, Joshua, 1808, 
Usher, John, 1726, 

Valsall, William, 1655, 
Vance, Thomas, 1767, 
Vance, Thomas, 1S09, 
Van Dozens, Mrs. 1801 
Vandyke, Nicholas, 1789, 
Vandyke, Nicholas, 1826, 
Vane, Henry, 1662, 
Van Gelder, Mr., 1818, 
Vankining, Henry, 1840, 
Vanlear, Bernard, 1790, 
Van Pelt, Anthony, 1830, 
Vancroits, Cornelius, 1818, 
Van Verts, Abraham, 1790, 3 
Varnum, James Mitchel, 



Vol. 


Page. 


3 


255 


4 


424 


4 


483 


3 


371 


1 


579 


1 


616 


2 


68 


2 


170 


J, 3 


517 


3 


524 


3 


606 


o 


202 


3 


252 


4 


436 


4 


484 


3 


545 


4 


240 


4 


423 


1 


581 


3 


329 


3 


335 


5 


341 


1 


395 


1 


281 


4 


549 


4 


453 


o 


79 


1 


162 


2 


399 


4 


508 


4 


215 


3 


335 


5 


417 


1 


205 


5 


169 


5 


632 


3 


371 


5 


486 


,5 


188 


0,3 


371 


3 


335 



Names. Vol. 

Varnum, Joseph Bradley, 5 
Vaughan, Benja., ll.d,1835,6 
Vaughan, George, 1725, 2 
Vaughan, William, 1720, 2 
Vaughan, William, 1746, 
Vaux, Roberts, 1836, 
Veazie, Mrs., 1827, 
Venable, Abraham, 1811, 
Vial, Mary, 1820, 



Wabley, Achor, 1812, 
Wadsworth, Benja, 1737, 
Wads worth, James, 1756, 
W r adsworth, James, 1817, 
Wagner, Elizabeth, 1807, 
Waldo, Albigence, 1794 
Waldron, Richard, 16S9, 
Waldron, Richard, 1630, 
Waldron, Richard, 1753, 
Waldron, Tho's Westbrook, 
Wales, Samuel, 1794, 
Walker, Cato, 1816, 
Walker, Henderson, 1703, 
Walker, Sarah, 1835, 
Walker, Timothy, 1782, 
Wallace, Andrew, 1835, 
Wallace, John, 1812, 
Wallace, Robert, 1515, 
Walley, John, 1719, 
Wallingford, Thomas, 1771 
Walter, Nehemiah, 1750, 
Walter, Thomas, 1725, 
Walter, Thomas, 1798, 
Walton, John, 1806, 
Walton, Shadrach, 1741, 
Wanton, Gideon, 1767, 
Wanton, John, 1744, 
Wanton, Joseph, 1780, 
Wanton, William, 1737, 
Ward, Arte mas, 1800, 
Ward, Jeremiah, 1824, 
Ward, John, 1693, 
Ward, John, 1795, 



Page. 
269 
553 
71 
39 
199 
561 
433 
573 
229 

596 
151 
289 
152 
421 
552 
447 
113 
268 
201 
552 
124 
544 
555 
116 
555 
601 
45 
33 
477 
244 
74 
23 
359 
179 
405 
191 
74 
154 
149 
338 
479 
585 



45 6 



INDEX TO MANUSCRIPTS OF THE LATE 



Names. Vol. 

Ward. Nathaniel, 1653, 1 
Ward, Samuel, 1776, 
Ward, Thomas, 1760, 
Ward, William, 1819, 
Warder, Susannah, 1809, 
Warner, Jonathan, 1814, 
Warner, Seth, 1785, 
Warren, James, 1808, 
Warren, John, 1815, 
Warren, Joseph, 1775, 
Washington, George, 1799, 4 
Washington, William, 1810,4 
Waters, Nicholas Baker, 3 
Watson, Matthew, 1803, 
Wayne, Anthony, 1796, 
Weare, Meshech, 1686, 
Weare. Nathaniel, 1718, 
Weare, Nathaniel, 1740, 
Webster, Samuel, 1796, 
Weeks. John, 1798, 
Welde, Thomas, 1661, 
Weld, Habijah, 1782, 
Welles, Noah, 1776, 
Wells. Mrs. EL, 1807, 
Wells. Thomas. 1660, 
Welsh, Samuel, 1823, 
Wentworth, Berning, 1770, 2 
Wentworth. Hunking, 1785, 3 
Wentworth, John, 1730, 2 
Wentworth, John, 1781, 3 
Wentworth, John, 1787, 3 
Wentworth. Michael, 1795, 3 
Wentworth, Sir John, 1820, 5 
Wertmuller, Adolphus G., 4 
West, Benjamin, 1817, 5 

West, Cato, 1816, 5 

West, John, 1 

West, Mary, 1821, 5 

West, Thomas, Lord Dela- 
ware, 1618, 1 
Westbrook, Thomas, 1744, 2 
Wetherbee, Caesar Augustus,4 
Whalley, Edward, 1678, 1 



Page. Names. Vol. 

150 Wheeler, Hannah, 1824, 5 

543 Wheelock. Eleazer, 1779 3 

331 Wheelwright, John, 1679, 1 

202 Whitebread, Sarah, 1804, 4 

492 White, Jerusha, 1800, 4 

5 White, Peregrine, 1704. 1 

209 White, Phillips, 1811, 4 

436 White. Samuel, 1809, 4 

52 White-Eyes, Captain, 1780,3 

522 Whitefield, George, 1770, 2 

60 Whitei'oot, Mary, 1791, 3 

510 Whitehiil, John, 1815, 5 

632 Whitney, Lemuel, 1679. 1 

265 Whitney Eli, 1825, 5 

620 Whitney, Eliseph, 1817, 5 

215 Whitney, Jane, 1S24, 5 

31 Wife, John, 1725, 2 

173 Wight, Margaret, 1787, 3 

033 Wigglesworth, Mich'l, 1704,1 



6 Willard Samuel, 1707, 

202 Willard, Simon, 1676, 

117 Willet. Thomas, 1674, 
556 Williams, John, 1729, 
395 Williams, John, 1837, 5 
188 Williams, John W, 1837, 5 
300 Williams, Roger, 1683, 1 
438 Wilson, John, 1667. 1 
214 Winchester, Elhanan, 1787,3 

118 Wingate, Paine, 1838 5 
104 Winslow, Edward, 1655, 1 
273 Winslow, Josiah, 1680, 1 
606 Winthrop, Fitz John. 1707, 1 
250 Winthrop, James, 1821, 5 
563 Winthrop, John, 1649, 1 
136 Winthrop, John, 1676, 1 
101 Winthrop, John, 1747, 2 
239 Winthrop, John, 1779, 3 
275 Wyllis, George, 1644, 1 

Wyllis, George, 1796, 3 

21 Wyllis, Samuel, 1709, 1 

191 Wyllis, Samuel, 1823, 5 

449 Wyllys, Hezekiah, 1734, 2 

358 Wynne, Thomas, 1693, 1 



Page. 
325 

19 
368 
287 
162 
549 
565 
493 

72 
442 
463 

76 
369 
349 
129 
317 

75 
273 
548 
562 
328 
298 
111 
601 
601 
408 
253 
677 
605 
161. 
3S1 
559 
276 
129 
311 
207 

22 
110 
614 
575 
298 
137 
47W 



GOVERNOR WILLIAM PLUMER. 



457 



Names. 

Yale, Elihu, 1721, 
Yates, Abraham, Jr., 1796 
Yates, Joseph C. J 837, 
Yates, Robert, 1801, 
Yeamaiis, Sir John, 1676, 
Yeardly, Sir George, 1627, 
Yeates, Jasper, 1817, 



Vol. Page. Names. 

2 45 Young, John, 1730, 

3 614 Young Samuel, 1838, 
5 603 

4 189 Zaehary, Lloyd, 1756, 
1 309 Zack, 1820, 
1 41 Zene, 1816, 

5 165 Zutley, John Joachin, 1781,3 



ol. 


Page. 


2 


120 


5 


607 


o 


290 


5 


222 


5 


93 


3 


83 



Officers Elected, 1888, 



PRESIDENT. 

HON. J. EVERETT SARGENT, LL. D. 

VICE-PRESIDENTS. 

HON. SAMUEL C. EASTMAN, GEORGE L. BALCOM, Esq. 

RECORDING SECRETARY. 

AMOS HADLEY, Ph. D. 

CORRESPONDING SECRETARY. 

_ REV. CHARLES L. TAPPAN. 

TREASURER. 

WILLIAM P. FISKE, Esq. 

LIBRARIAN. 

ISAAC W. HAMMOND, A. M. 

PUBLICATION COMMITTEE. 

HON. CHARLES H. BELL, LL. D., 

ISAAC W. HAMMOND, A. M., 

HON. ALBERT S. BATCHELOR. 

STANDING COMMITTEE. • 

JOSEPH B. WALKER, A. M., 

JOSEPH C. A. HILL, Esq., 

HOWARD L. PORTER. 

LIBRARY COMMITTEE. 

J. EASTMAN PECKER, B. S., 

JOHN C. ORDWAY, Esq. 

EDSON C. EASTMAN. 

NECROLOGIST. 

IRVING A. WATSON, M. D. 



Resident Members of the Society, June, 1888. 



Abbott, Francis L., Concord. 

Abbott, Henry, Winchester. 
Aiken, Edward, Amherst. 
Allen, \V. H. H., Clareinont, 
Amsden, Charles II., Fenacook. 
Averill, Clinton S., Milford. 
Ayer, Rev. F. 1)., Concord. 

Balcom, George L., Clareinont. 
Bancroft, Jesse P., Concord. 
Baker, Henry M., Bow. 
Barnard, Daniel, Franklin. 
Barry, Rev. John E., Concord. 
Bartlett, James W., Dover. 
Bartlett, Mrs. Caroline B., Concord. 
Batchelor, Albert S., Littleton. 
Brown, E. R., Dover. 
Bell, Charles H., Exeter. 
Bell, Mrs. Cora K., Exeter. 
Bell, Mrs. Mary E., Exeter. 
Bell, John James, Exeter. 
Blair, Henry YV\, Manchester. 
Blake, Amos J., Fitzwilliam. 
Bowen, Mrs. Pauline L., Concord. 
Bradley, Moses H., Concord. 
Briggs, William S., Keene. 
Burleigh, Alvin, Plymouth. 

Carpenter, Alonzo P., Concord. 
Carpenter, Mrs. Julia R., Concord. 
Carter, William G., Concord. 
Cartland, Charles S., Dover. 
Chamberlin, II. E., Concord. 
Chandler, George B., Manchester. 
Chandler, William E., Concord. 



Chase, William M., Concord. 
Cheney, Thomas P., Ashland. 
Cilley, Bradbury L., Exater. 
Cilley, Harry B„ Concord. 
Clarke, John B., Manchester. 
Cleaves, George P., Concord. 
Cochrane, Rev. W, R-, Antrim. 
Cogswell, Parsons B., Concord. 
Colby, Ira, Clareinont. 
Corning, Charles R., Concord. 
Crane, Rev. C. B., Concord. 
Cross, David, Manchester. 
Cross, George N., Exeter. 
Craft, George TV, Bethlehem. 
Cummings, H. S., Washington, 

D. C. 
Currier, Moody, Manchester. 

Dana, Sylvester, Concord. 
Daniel, Warren F., Franklin. 
Dodge, Isaac B., Amherst. 
Dow, Joseph, Hampton. 
Downing, Lewis, Jr., Concord. 

Eastman, Samuel C, Concord. 
Eastman, Edson C, Concord. 
Eastman, Charles F., Littleton. 
Eastman, Albert S., Hampstead. 
Eastman, Cyrus, Littleton. 
Edgerly, James A., Somers worth. 
Emerson, Moses R., Boston. 
Elwyn, Alfred, Portsmouth. 

Farr, Charles A., Littleton. 
Farwell, John L., Claremont. 



460 



RESIDENT MEMBERS OF THE 



Faulkner, Francis C, Keene. 
Fiske, William P., Concord. 
Fitts, Rev. James A., South New- 
market. 
Frink, J. S. H., Greenland. 
French, John C, Manchester. 

Gage, Isaac K., Penacook. 
Gerould, E. P., Boston, Mass. 
Gerrish, Enoch, Concord. 
Giltnan, E. H., Exeter. 
Gilman, Rev. J. B., Concord. 
Goodenough, John C, Littleton. 
Gould, Sylvester C, Manchester. 
Gove, Mrs. Maria L., Concord. 
Griffin, Simon G., Keene. 

Hackett, William H., Portsmouth. 
Hackett, Wallace, Portsmouth. 
Hackett, Frank W., Portsmouth. 
Hadley, Amos, Concord. 
Hall, Daniel, Dover. 
Ham, John R., Dover. 
Hammond, Isaac W., Concord. 
Hammond, Martha W., Concord. 
Harris, Miss Amanda B., Concord. 
Hatch, John, Greenland. 
Herbert, Miss Alma J., Concord. 
Hill, Joseph C. A., Concord. 
Hill, Edson J., Concord. 
Holden, Paul R., Concord. 
Humphrey. Moses, Concord. 
Hutchins, Stilson, Laconia. 

Jackson, James R., Littleton. 
Jenks, George E., Concord. 
Jordan, Chester B., Lancaster. 

Kimball, John, Concord. 
Kimball, Samuel S., Concord. 
Kimball, Miss Mary E., Lebanon. 
Kimball, Benjamin A., Concord. 
Kimball, Mrs. Myra T., Concord. 
Kimball, John R., Suncook. 



Ladd, William S., Lancaster. 
Ladd, Seneca A., Meredith. 
Ladd, Alexander II., Portsmouth. 
Langdon, Francis E., Portsmouth. 
Lathrop, M. C, Dover. 
Linehan, John C, Penacook. 
Long, Mrs. John C, Exeter. 
Lund, Mrs. Lydia F., Concord. 

Mason, John E., Washington, D. C. 
Marshall, Anson S., Concord. 
Mathes, Albert O., Dover. 
McClintock, J. X., Concord. 
Mitchell, William II., Littleton. 
Morrill, Luther S., Concord. 
Morrison, Mortier L., Peterboro'. 
Morrison, Leonard A., Windham. 

Nesmith, George W., Franklin. 
Noyes, John W., Chester. 
Nutter, John P., Concord. 
Nutter, Eliphalet S., Concord. . 

Odlin, Woodbridge, Concord. 
Odlin, Rev. J. E., Goffstown. 
Olcott, George, Charlestown. 
Ordway, John C, Concord. 

Parsons, Rev. E. G., Derry. 
Peabody, Leonard W., Henniker. 
Pearson, John H., Concord. 
Pecker, Jonathan E., Concord. 
Perry, John T., Exeter. 
Pillsbury, Parker, Concord. 
Pillsbury, George A., Minnesota. 
Porter, Howard L., Concord. 
Porter, Mrs. Alice R., Concord. 
Pratt, Miron J., Concord. 
Pray, Thomas J. W., Dover. 
Prescott. Benjamin F., Epping. 
Prescott, Abraham J., Concord. 
Proctor, Frank W., Andover. 

Quimby, Elihu T., Hanover. 



SOCIETY, JUNE, 1888. 



461 



Richards, Dexter, Newport. 
Robinson, Henry, Concord. 
Rollins, Edward H., Concord. 
Rollins, William H., Portsmouth. 
Rollins, Frank W., Concord. 

Sargent, J. Everett, Concord. 
Sargent, Mrs. Louisa J., Concord. 
Sawyer, Charles H , Dover. 
Secomb, Daniel F., Concord. 
Schiitz, Mrs. Elizabeth P., Concord. 
Silsby, Arthur W., Concord. 
Silsby, G. H. H., Concord. 
Smith, Jeremiah, Dover. 
Smith, Isaac \V., Manchester. 
Smith, John B., Hillsborough. « 
Spalding, Edward, Nashua. 
Spalding, Edward H., Wilton. 
Spofford, Charles B., Claremont. . 
Stackpole, Paul A., Dover. 
Staniels, Rufus P., Concord. 
Stearns, Ezra S., Rindge. 
Stevens, Mrs. Frances C, Concord. 
Stevens, Mrs. Ellen T., Concord. 
Stevens, Lyman D., Concord. 
Stevens, Henry W., Concord. 



Stevens, William S., Dover. 
Stickney, Joseph A., Somersworth. 
Streeter, Frank S., Concord. 

Tappan, Rev. C. L., Concord. 
Tappan, Mrs. Almira R., Concord. 
Thorne, John C, Concord. 
Tredick, Titus S., Portsmouth. 
Twitchell, A. S., Gorham. 

Upham, Joseph B., Portsmouth. 

Walker, Joseph B., Concord. 
Walker, Mrs. Elizabeth L., Con- 
cord. 
Walker, Charles R., Concord. 
Walker, Isaac, Pembroke. 
Warren, Benjamin S., Concord. 
Watson, Irving A., Concord. 
Welch, John T., Dover. 
Wentworth, Mark H., Portsmouth. 
White, John A., Concord. 
Whittemore, B. B., Nashua. 

Young, Andrew H., Portsmouth. 



K6'3 



GENERAL INDEX 



Abbot, Benjamin, 49. Francis L., 
412. George W,, 398. Hen- 
ry, 370, 373. Jacob, 44. J. 
B. 120. Simeon. 91, 399. 

Addresses and papers read before 
the society : Rev. J. X. 
Tar box, 30. J. B. Walker, 
32,41, 388. George Kent, 
32, 51. C. H. Bell, 33, 59. 
Edna Dean Proctor, 33, 79. 
William Badger, 39. Mar- 
shall P. Wilder, 5.3. George 
W. Nesmith, 83. John Al- 
bee, 88, 413. Carleton C. 
Coffin, 94. Amos J. Blake, 
109. John T. Perry, 130, 
182. James W. Patterson, 
135. John M. Shirley, 136, 
231, 232. Charles L. Wood- 
bury, 213. Charles W. Tut- 
tle, 215, 339. William C. 
Prime, 219. Henry W. 
Haynes, 225. Samuel T. 
Worcester, 353. Amos Had- 
ley, 377, 401. J. Everett 
Sargent 386, 405. John 
Kimball, 393. Lyman D. 
Stevens, 399. Isaac W. 
Hammond, 401. Rev. E. 
J. Slafter, 410. 

Aiken, Dr. Edward, 377, 379, 382. 

Albee, John, 87, 88. 90, 413, 415, 
434. 

Albin, John II., 29. 

Alden, Rev. Lucius, 431, 432. 

Alexandria, town of, 160. 



Allen, W. H. H., 35, 409. 
Ambrose, Ahie, 255. Samuel A. 

390. 
American Archives, resolution. 

213. 
Ames, Albert, 398. Fisher, 398. 
Amsden, Charles H., 374, 385, 39S. 

Henry H. 398. 
Amory, Thomas C, 87, 89, 91. 
Andover, town of, 152, 156. 
Andrews, Frank P., 410. Israel 

W., 337, 373. 
Appropriation for work in vault, 

376. 
Archeological convention, 107. 
Aspinwall, W., 255. 
Assesments on members, 29, 38, 

86, 93, 108, 119, 129, 133, 

214, 218, 225, 337, 372, 377, 

3S2. 
Atherton, C. II., 6S. Mary, 428. 
Atkinson, Theodore, 418, 420, 424- 

429, 431. Theodore, Jr., 

428, 429. 
Aubury, John, 416. 
Audley, Rev. Mr., 419. 
Averill, Clinton S., 29. 

Bachiller, Mary 320, Stephen, 323. 

Bachelder, Eben, 398, John B., 35. 

Batchelder, Charles E., 214. 

Batchelor, Albert S., 337, 338, 
380. 

Badger, Benjamin E., 3S5. Wil- 
liam, 36, 38, 39. 

Bailey, E. C, 35. William W., 29. 



4<54 



GENERAL INDEX. 



Baker, Henry M„ 380. 

Bakerstovvn, 156. 

Balcora, George L., 93, 338, 377, 
380. 

Ballard, John O., 165. 

Bancroft, Charles P., 337. 

Banfill, Hugh, 268. 

Barefoote, Walter 61, 235, 255. 

Barker David, 49. 

Barnard, William M., 337, 373. 

Barrell, Martha, 327. W r illiam 
327. 

Barrett, William, 28. William E. 
372. 

Barron, John V., 34, 395. 

Barrows, Rev, Charles D.,130,214. 

Barry, Rev. John E., 412. 

Bartlett, Caroline B.,373. Colonel, 
354. Doctor, 38. Ichabod, 
49, 68. James, 49. James 
W., 367, 373. Joseph, 165. 
Levi, 37, 38, 87. Richard, 
49,67. Samuel C, 128. Wil- 
liam K., 35, 91, 117. 

Beane, Rev. Samuel C, 130, 367. 

Bedel, John, 214. Mary E., 214. 
Moody, 214. Timothy, 214. 

Bean, Joseph, 155. 

Beljame, Prof. U., 107. A, 116. 

Belknap, Geo. E. 135. H. G.,134. 
Jeremy, 34, 159. 

Bell Alcove, 35. 

Bell, Charles II., 28-35, 59, 86, 
90-92, 104, 106, 116-121, 
126-129, 134, 212, 217, 225, 

228, 334, 336, 372, 377, 380, 
382,385,405. Cora K., 371, 
375. John J., 27-39, 86,92, 
105, 107, 116, 118, 126, 129. 
134, 212, 217, 224, 225, 228, 

229, 336, 366, 367, 372, 377- 
380, 384. Mary E., 218, 220. 
Samuel, 124. Samuel D., 27, 
67. Samuel X., 27. 



Bennett, Sir Henry, 146. 

Benton, Mrs. C. E., 218. R. A., 93. 

Biddle, Nicholas, 396. 

Bingham, George A., 93. 

Biography of members to be pro- 
cured, 368. 

Blaisdell, Henri G., 410. 

Blake, Amos J.,93,108,129. Christo- 
pher, 310. Hiram, 120. 

Blanchard, William, 396. 

Blaxton, William, 213. 

Blodgett, Jeremiah, 120. 

Blunt, Rev. John, 431. 

Bonney, Hannibal, 385, 390. 

Boscawen. town of, 152. 

Boundary, X. H. and Mass., 138, 
140, 144. 

Bouton, Rev. Nathaniel, 28-39, 46, 
85-87, 90, 92, 105, 106, 117, 
118, 122,127,128, 135. Jen- 
nie L., 381. 

Bowen, Pauline L., 409. 

Bowers, Andrew, 163, 164,168,169. 

Boyd, Francis, 231. 

Bracewell, John, 107. 

Bradley Monument, 28, 33, 38. 

Bradstreed, Rev. Mr., 419. 

Bredt, Mr., 398. 

Brewster, L. W., 218. 

Brickett, Colonel, 361, 362. 

Briggs, W r illiam S., 370, 373. 

Bridgewater, church records, 85., 

Broglie, Due de, 337, 373. 

Brookfield, Mass., 109. 

Brookline, 360. 

Brown, A. R., 225. Elisha R., 87, 
Edmund 152. Frank H., 
128. H. H., 397. John B., 
135. Jonathan, 164. J. S., 
397. Maria E., 405. War- 
ren, 134. 

Browniield, Maine, 176. 

Brownstown (Andover), 152. 

Buddy, Charles R., 337, 373. 



GENERAL INDEX. 



465 



Buff urn, David H., 130. 

Bunker Hill, 57, 111,212, 217,220, 
352-364. 

Burge,Elizabeth,317. Thomas,317. 

Burnham, Rev. Abraham, 32, 224. 

Burleigh, Alvin. 218. 

Burns, Charles H., 35, 134. 

Burroughs, Charles, 69. M. C. 217. 

Burrows, Joseph, 130. 

Burton, George S., 371. 

Butterfield, H. L., 120. 

By-Laws, 5. Amended, 36, 37. 

Caldwell, B. F., 398. 

Cameron, Angus, 135. 

Canterbury, 123. 

Card, John, 430. 

Carpenter, Alonzo P., 409. Green- 
v wood, 326. Mrs. Julia R., 
409. 

Carr, Clarence E., 1-J0. 

Carrick, James, 156. 

Carrigain, Philip, 124, 376, 381. 

Carter, Buel C, 87. Solon A., 
134. William G., 29. 

Cartland, 367, 373. 

Cate, Edward, 268. Eliza J., 214. 

Celebration, Marrietta, Ohio, 411. 
Constitutional anniversary, 
411. 

Centennial anniversary, 31, 32, 51, 
59. 

Chadwick, Peter, 49. 

Chamberlin, II. E.. 134. Mellen, 
384. Richard, 429. 

Champernowne, 344. 

Chandler, Abiel, 87. George B.. 
370, 373. Isaac, 394. Jere- 
miah, 394. John, 389, 396. 
Judge, 236. William E., 
401. William P., 393. 

Chase, Mrs. Ellen, 409. Rev. Mr. 
431. Thomas, 167. William. 
M., 120. 

Chatham, 173-179. 



Cheney, Person C, 93. Thomas 
P., 372, 373. 

Chester, 283. Joseph L., 29. 

Christmas, penalty for observing, 
334. 

Church Gallery, 418. 

Cilley, Aaron, 158. Bradbury L. 
35. Harvey P., 410. Jona- 
than, 120. Mrs. J. G., 230. 
Joseph N., 34. 

Clark, Jacob, 429. John, 417. Lew- 
is \V., 29. 

Clarke, Greenleaf, 230. John B., 
35, 381. Thomas, 138. 

Clifford, Cornelius E., 410. 

Clifford House, Exeter, 308. 

Clough, Abner 149. William B., 
156, 159. 

Cobbett, Thomas, 418. 

Cochran, Rev. W. R., 218, 220, 
228, 230. 

Coffin, Carleton C, 94. John, 149) 
Peter, 235. 

Cogswell, Rev Elliot C, 107. Par- 
sons B., 27, 28, 31, 35, 119, 
225, 229. Thomas, 128. 
William, 69. 

Colburn, Andrew, 110. 

Colby, Daniel E., 134. Tra, Jr., 
35. 

Colcord, Ann. 313, 323. Edward. 
313. 

Colcord House, Exeter, 369. 

Coleman, Anna, 255. 

College, Harvard, 426, 428, 429. 
Dartmouth, 89. 

Collier, John, 280. 

Collins, John, 155. Roscoe E., 412. 

Colonial Government, 319. 

Committees, Standing, 7, 212. Li- 
brary, duties, 6. Publishing, 
8, 33, 36, 126. On missing 
books, 28. On new mem- 
bers, 28, 34, 126, 338, 365, 



466 



GENERAL INDEX. 



377. On Bradley monu- 
ment, 28, 33, 38. To pre- 
pare memorial notices. 30, 
132, 212. On Semi-centenni- 
al, 31. On life members, 

v 39. To arrange library 31. 

To secure portraits, 31, 34. 
To collect documents, 38. 
To procure orators, 39, 108, 
213, 377, 382. To investi- 
gate Bancroft's charges vs. 
General Sullivan, 90, 92, 94. 
On removal of library, 381. 
To solicit manuscripts, 108. 
On name Kearsarge, 118, 
120. 133, 136, 367, 369, 370. 
To solicit files of newspa- 
pers and pamphlets, 119. On 
F. O. J. Smith legacy, 119, 
On coast names, 126, 129. 
On early town and public 
records, 133. On service of 
X. II. men at Bunker Hill, 
212, 217, 220. To procure 
copies, of papers in London, 
212,217,229,336, 365, 371. 
380. To examine Bedel 
papers, 214, 217. On York- 
town centennial, 213, 217. 
On town histories, 224. 
To consider the matter of 
centennial records of the 
United States. 229, 336. 
' On Scotch- Irish, 230. To 
examine papers belonging 
to Mrs. Gerrish, 229. To 
revise constitution and by- 
laws, 337, 338, 365. To in- 
crease librarian's fund, 337, 
338, 365-367, 371. To solic- 
it an appropriation from 
state, 384. On warming 
the library room, 411. 

Conventions, delegates to, Archaeo- 



logical, 107. Historical so- 
cieties, 108. 
Constitution, 3. Amendments, 38, 

85, 365, 373. 
Conway, 176. 
Cook, George. 367. Rebecca. 

280. 
Copeland, William J., 367. 373. 
Corning, Charles R., 87. 
Cotton, John, 240. Seaborn, 273. 
Council of Plymouth, 340. 
Cragin, Aaron H., 90, 93, 108. 
Crane, Anna F., 117, Rev. C. B.. 

381, 409. 
Cranfield, Edward, 61. 
Crippen, Henry J., 34. 
Cross, David, 29. George N., 377, 

379. 
Cruft, George T., 378, 379. 
Crump, W. C, 135. 
Cummings, Rev. E. E., 30. H. S., 

29. 
Curheu, Rev. Mr., 419. 
Currier, Frank D., 214, 371. 

Moody, 225, 227, 228, 33S. 
Curtis, George T., 214. Howard, 

M., 413. 
Cutler, C. W., 49. Doctor, 159. 

E. S., 214. W. R.. 225, 

227. 
Cutts, John, 255, 286, 348-351. 

Richard, 255. 

Dana, E. L., 135. James F., 69. 
Sylvester, 30, 94, 108, 129, 
134, 217, 225, 229, 336, 338. 
365, 372, 377, 381, 401, 405, 
409. 

Daniel, Thomas, 348, 350. War- 
ren F., 93, 385. 

Darling, C. W., 372, 373. 

Davis, Rev. J. G., 29, S7. 

Day, George T., 29. 

Dean, John W., 87. 



GENERAL INDEX. 



467 



Dearborn, C. B., 29. Henry, 358. 
J. G., 93. J. J., 218, 220, 
224. 

Dedication. 32. 41, 51. 

Deerfleld, 405, 407, 409. 

De Nonnandie, Rev. Jam es\ 9'S, 
107, 129, 134, 212, 217, 219. 

Derby, Elias II., 350, 359, 362, 363. 

Dimond, E. W., 87. 

Dinsmoor, William, 218. 

Divorce, 314-333. 

Dodge, Howard A., 107. Isaac B., 
385. 

Donations, special, of John Lang- 
don's pistols. 32. Of books 
from Mrs. X. G. Upham, 
32. Of portraits of Rev. 
Jerem} T Belknap, Dr. Wm. 
Prescott, and Rev. X. Bou- 
ton, 34. Of books from 
Hon. C. H. Bell, 35. Of sur- 
veyor's instruments from 
Dr. Bartlett, 38. Of papers 
from Dr. Wm. Prescott, 27. 
Of papers of Hon. S. D. 
Bell, 27. Of Bridgewater 
church recorJs. 85. Of 
books from Rev. Silas 
Ketchum, SQ. Of portrait 
of Dudley Leavitt, 91. Of 
Hon. Daniel Webster's 
manuscripts, 105. Of the 
Hon. Timothy Farrar's 
manuscripts, 117. Of manu- 
scripts and pamphlets from 
.Dr. Bouton, 128. Of maps 
from Hon. G. V. Fox, 128. 
Of memoir of John Han- 
son, 129. Of Sabine libra- 
ry, 131. Of Bedel manu- 
scripts, 214. Of Hi board 
collection of manuscripts, 
217. Of silver pitcher and 
salver, 221. Of the Gove 
VOL. IX. 32 



drum, 221. Of the Presi- 
dent Lincoln tassels, 221. 
Of portrait of C. E. Potter, 
229. Of portrait of E. G. 
Eastman, 229. Of photo, 
album 4th X. II. V.. 370. 
Of Revolutionary diaries of 
Jon a. Burton, 371. Of man- 
uscripts of John Farmer, 
375. Of the Plumer biog- 
raphies, 376. Of the Gen. 
Jonathan Chase papers, 380.